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JOURNAL 


MISSOURI  CONSTITUTIONAL 
CONVENTION  OF  1875 

VOLUME  I 

WITH  AN  HISTORICAL  INTRODUCTION  ON 

CONSTITUTIONS    AND    CONSTITUTIONAL 

CONVENTIONS    IN    MISSOURI 

By  ISIDOR  LOEB,  PH.  D.,  LL.  B- 

AND  A  BIOGRAPHICAL  ACCOUNT  OF 

THE   PERSONNEL   OF   THE    CONVENTION 
By  FLOYD  C.  SHOEMAKER,  A.  M. 

Editors. 


A  Missouri  Centennial  Publication  By 

The  State  Historical  Society  of  Missouri 

COLUMBIA,  1920 


Jefferson  Citt 

TuE  Hugh  Stephens  Co. 

Printers 


PREFACE 

For  forty-five  years  Missouri  has  been  governed  by  the 
constitution  framed  in  1875.  It  is,  therefore,  surprising 
that  the  official  journal  of  the  convention  that  drafted  this 
document  has  been  practically  inaccessible  until  now,  owing 
to  its  having  been  preserved  only  in  its  original  manuscript 
form.  The  journal  is  only  less  important  than  the  con- 
stitution itself.  To  insure  the  safety  of  this  record  from 
possible  destruction  of  the  original  and  to  make  it  accessible 
to  the  citizens  of  the  State,  the  Fiftieth  General  Assembly 
of  Missouri  appropriated  funds  for  its  publication  by  The 
State  Historical  Society  of  Missouri. 

The  plan  of  publication  adhered  to  in  this  work  was  to 
reproduce  as  nearly  as  possible  the  exact  wording  of  the 
original.  In  cases  of  ambiguity  of  language,  no  changes 
have  been  made  except  where  the  intended  meaning  was 
obvious.  Incorrect  spelling,  capitalization,  and  punctua- 
tion, where  obviously  erroneous,  have  been  corrected.  The 
changes  in  style  are  due  to  the  different  copyists  employed 
by  the  convention.  The  editors  did  not  undertake  to  obtain 
uniformity  in  such  cases. 

For  better  understanding  both  the  Missouri  constitution 
and  the  journal  of  1875,  two  introductory  chapters  have 
been  included  in  this  work.  The  article  on  "Constitutions 
and  Constitutional  Conventions  in  Missouri"  is  an  account 
of  constitutional  development  with  particular  reference  to 
the  conditions  which  influenced  the  action  of  the  convention 
of  1875.  The  article  on  "Personnel  of  the  Convention"  is 
a  resume  of  the  salient  facts  in  the  lives  of  the  delegates. 
The  biographical  sketches  of  the  delegates  were  compiled 
by  Miss  Buel  Leopard,  who  is  document  clerk  in  The  State 
Historical  Society  of  Missouri. 

(3) 


4  PREFACE 

For  the  many  courtesies  and  favors  shown  by  interested 
citizens  of  the  State,  the  compilers  are  under  obligation. 
Without  the  assistance  of  Missouri  editors,  lawyers,  judges, 
and  public  officials,  many  facts  relating  to  the  delegates 
could  not  have  been  obtained.  The  valued  assistance  of 
Mr.  \Vm.  Clark  Breckenridge,  Mr.  Walter  B.  Stevens,  and 
Judge  Walter  B.  Douglas,  of  St.  Louis,  and  of  Hon.  Perry  S. 
Rader,  of  JefTerson  City,  should  be  especially  mentioned; 
also  the  courtesy  of  Hon.  John  L.  Sullivan,  of  JefTerson  City, 
in  lending  the  original  journal  for  copying. 

It  is  appropriate  that  this  work  should  have  been  com- 
pleted in  July,  1920.  One  hundred  years  ago  on  July  19, 
1820,  forty-one  delegates  framed  and  adopted  Missouri's 
first  constitution.  The  State  Historical  Society  of  Missouri 
is  glad  of  the  opportunity  to  issue  this  publication  as  a  con- 
tribution to  the  observance  of  the  centennial  of  this  State. 

The  Editors. 


CONTENTS 

Page 
Constitutions  and  Constitutional  Con- 
ventions  in    Missouri,    by  Isidor 
Loeb 7 

Personnel  of  the  Convention,  by  Floyd 
C.  Shoemaker 57 

Biographical  Sketches  of  the  Delegates, 
by  Buel  Leopard 72 

Journal  of  the  Constitutional  Conven- 
tion of  1875  of  the  State  of  Mis- 
souri  113 

Appendix 891 

Index 905 

(5) 


CONSTITUTIONS  AND  CONSTITUTIONAL 
CONVENTIONS  IN  MISSOURI 

BY  ISIDOR  LOEB. 

Missouri  has  had  five  Constitutional  Conventions  but 
only  three  Constitutions  have  existed  in  the  history  of  the 
State.  The  first  of  these  was  adopted  by  the  Convention 
of  1820  and  continued  to  operate  until  1865.  In  1845  a 
Constitutional  Convention  submitted  a  Constitution  which 
was  rejected  by  the  voters.  In  1861  a  Convention  was 
called  for  the  primary  purpose  of  determining  the  attitude 
of  Missouri  regarding  the  Union.  After  deciding  by  a 
practically  unanimous  vote  against  secession,  the  Convention 
adjourned  instead  of  disbanding.  It  held  four  other  sessions 
during  1861  and  the  two  succeeding  years  and  practically 
carried  on  a  provisional  government.  While  it  adopted  a 
number  of  constitutional  amendments,  the  Convention  did 
not  undertake  to  make  any  general  revision  of  the  funda- 
mental law  of  the  State.  In  1864  the  voters  approved  the 
plan  of  calling  a  Constitutional  Convention,  which  met  in 
1865  and  drafted  a  Constitution  which  was  adopted  by  the 
voters.  This  Constitution  remained  in  effect  until  it  was 
superseded  by  the  present  Constitution  which  was  adopted 
in  1875. 

While  this  article  is  primarily  concerned  with  the  Con- 
stitutional Convention  of  1875  and  the  conditions  which 
influenced  its  action,  it  will  be  desirable  to  consider  briefly 
the  preceding  Constitutional  Conventions  which  drafted 
Constitutions  and  to  point  out  some  of  the  more  important 
features  of  these  instruments.  Many  provisions  of  the 
existing  Constitution  had  their  origin  in  the  earlier  docu- 
ments. 

Constitutional  Convention  of  1820. 

Missouri's  admission  into  the  Union  was  delayed  by  the 
contest  over  the  question  of  slavery  extension,  but  finally  an 

(7) 


8  JOURNAL  OF  THE  MISSOURI 

Act  of  Congress  approved  March  6,  1820,  authorized  a  Con- 
vention for  the  purpose  of  forming  a  Constitution  and  State 
government.  This  Convention,  which  consisted  of  forty- 
one  delegates  chosen  from  the  fifteen  counties  in  accordance 
with  the  apportionment  prescribed  in  the  congressional  act, 
met  in  St.  Louis  on  June  12,  1820,  and  completed  its  work 
in  a  little  more  than  five  weeks,  adjourning  on  July  19th. 
The  Constitution  was  adopted  by  a  vote  of  forty  to  one.  The 
Act  of  Congress  did  not  require  the  submission  of  the  Con- 
stitution to  the  voters  and  the  Convention  assumed  that  its 
adoption  of  the  Constitution  marked  the  establishment  of 
the  new  State. ^  It  made  provision  for  an  election  for  State 
officers  to  be  held  on  August  28,  1820,  and  for  the  inaugura- 
tion of  the  new  government  on  September  18,  1820.^ 

While  the  machinery  of  State  government  was  put  into 
operation  as  provided  by  the  Constitution,  the  State's 
Senators  and  Representative  in  Congress  were  not  permit- 
ted to  take  their  seats  because  of  objection  to  a  clause  of  the 
twenty-sixth  section  of  the  third  article  which  required  the 
Legislature  to  pass  laws  to  prevent  free  negroes  from  coming 
into  the  State.  After  a  contest  extending  over  a  period  of 
three  months,  the  controversy  was  settled  by  the  Second 
Missouri  Compromise  on  March  2,  1821.  This  resolution 
of  Congress  required  the  passage  of  a  "solemn  public  act" 
by  the  Missouri  Legislature  agreeing  that  the  clause  in  dis- 
pute should  never  be  made  the  basis  of  any  law  by  which  any 
citizen  of  any  state  shall  be  excluded  from  any  privileges  to 
which  he  is  entitled  under  the  Constitution  of  the  United 
States.  The  General  Assembly  of  Missouri  passed  this  act 
which  was  approved  by  the  Governor  on  June  26,  1821.  A 
copy  of  the  act  was  sent  to  President  Monroe  and  thereupon 
in  pursuance  of  the  congressional  resolution  the  latter  on 
August  10,  1821,  issued  his  proclamation  setting  forth  the 
facts  and  stating  that  "the  admission  of  the  said  State  of 
Missouri  into  this  Union  is  declared  to  be  complete." 


'Constitution.  1820,  Schedule,  Sec.  1. 
•Ibid..  Sec.  9.  10. 


CONSTITUTIONAL  CONVENTION,   1875  9 

The  ConsUtution  of  1820  consisted  of  thirleen  articles 
dealing  with  the  boundaries,  distribution  of  powers,  legis- 
lative power,  executive  power,  judicial  power,  education, 
internal  improvement,  banks,  militia,  miscellaneous  provi- 
sions, permanent  seat  of  government,  mode  of  amending 
the  Constitution  and  declaration  of  rights,  in  addition  to  a 
schedule  containing  temporary  provisions  for  facilitating  the 
transfer  from  Territorial  to  State  government.  The  articles 
relating  to  education  and  internal  improvement  were  brief 
and  largely  confined  to  a  mandate  for  the  encouragement  of 
such  matters  by  the  Legislature.  The  article  dealing  with 
banks  restricted  the  Legislature  to  the  incorporation  of  one 
bank  with  not  exceeding  five  branches  and  a  maximum 
capital  stock  of  five  millions  of  dollars  of  which  at  least  one- 
half  must  be  reserved  for  the  State.  The  militia  article 
was  likewise  brief,  providing  merely  the  manner  of  choosing 
officers,  while  the  provisions  regarding  the  permanent  seat 
of  government  left  the  General  Assembly  chief  power  of 
determining  this  question. 

The  legislative  article  was  largely  confined  to  provisions 
regulating  composition,  organization  and  procedure.  The 
bicameral  system  was  established  and  the  principle  of 
apportionment  according  to  free  white  male  population  was 
adopted  for  each  house,  except  that  each  county  was  to 
have  at  least  one  member  in  the  House  of  Representatives. 
The  membership  of  this  House  was  not  to  exceed  one  hundred 
while  that  of  the  Senate  was  not  to  be  less  than  fourteen 
nor  more  than  thirty-three.  Only  a  few  sections  contained 
positive  restrictions  upon  legislative  power  and  these  related 
almost  exclusively  to  some  feature  of  the  institution  of 
slavery.3  While  the  declaration  of  rights  contained  the 
usual  limitations  upon  civil  and  criminal  procedure,  the 
Constitution  did  not  contain  the  numerous  restrictions  upon 
legislative  power  which  have  appeared  in  the  later  docu- 
ments. As  a  result  the  Constitution  of  1820  was  a  relatively 
brief  instrument,  containing  not  exceeding  10,000  words. 


^Constitution  1820,  Art.  Ill,  Sec.  26-28. 


10  JOURNAL  OF  THE  MISSOURI 

In  addition  to  the  Legislature  the  Constitution  pro- 
vided for  the  Executive  and  Judicial  Departments  which,  in 
accordance  with  the  principle  of  distribution  of  powers  set 
forth  in  Article  II,  were  to  be  distinct  from  and  independent 
of  each  other  as  well  as  of  the  Legislative  Department.  The 
Constitution  was  one  of  the  earliest  to  provide  a  four-year 
term  for  the  Governor,  who,  however,  was  made  ineligible 
to  succeed  himself.  The  Governor  and  Lieutenant-Gover- 
nor were  the  only  executive  officials  chosen  by  popular 
election.  All  of  the  other  ofTicials  of  the  Executive  Depart- 
ment provided  for  by  the  Constitution  were  appointed  by 
the  Governor  except  the  treasurer  who  was  chosen  by  a 
joint  session  of  the  two  houses  of  the  Legislature.^  The 
Governor  likewise  appointed  all  judges,  who  held  office  dur- 
ing good  behavior,  but  his  appointment  of  these  and  of  the 
principal  executive  officers  required  the  consent  of  the  Sen- 
ate.^ The  Governor  was  also  given  a  limited  veto  power  but 
this  could  be  overcome  by  an  absolute  majority  in  each 
house  of  the  General  Assembly.^ 

SufYrage  and  elections  were  not  as  yet  considered  of 
sufficient  importance  to  deserve  a  separate  article.  Uni- 
versal suffrage  was  provided  for  all  free  white  adult  male 
citizens  of  the  United  States,  except  members  of  the  regular 
army  or  navy  of  the  United  States,^  but  occasion  for  the 
exercise  of  this  suffrage  was  limited.  The  only  elective  State 
officials  were  members  of  the  Legislature  and  the  Governor 
and  Lieutenant-Governor.  The  whole  field  of  local  govern- 
ment was  left  to  legislative  regulation,  except  that  the 
Constitution  provided  for  a  sheriff  and  coroner  in  each 
county  and  these  were  to  be  chosen  by  popular  election  until 
otherwise  provided  by  the  General  Assembly.^ 

Even  in  the  matter  of  amending  the  Constitution  there 
was    no    provision    for    popular    referendum,    amendments 


♦Constitution.  1820,  Art.  Ill,  Sec.  .31;  Art.  IV,  Sec.  12,  21;  Art.  V.,  Sec.  18;  Art. 
IX.  .Sec.  3. 

'Coastitution,  1820,  Art.  V.  Sec.  1.'}. 
•Constitution,  1820.  Art.  IV,  Sec.  10,  11. 
'Constitution,  1820,  Art.  III.  Sec.  10. 
'Constitution.  1820.  Art.  IV,  Sec.  23. 


CONSTITUTIONAL  CONVENTION,   1875         11 

being  proposed  by  a  two-thirds  vote  of  each  house  of  the 
Legislature  and  requiring  for  ratification  a  similar  vote  at 
the  first  session  of  the  next  succeeding  General  Assembly. 
No  provision  was  made  for  a  general  revision  of  the  Consti- 
tution.^ 

The  Constitution  of  1820  was  typical  of  the  period  of 
its  creation,  occupying  a  somewhat  advanced  position  in  the 
matter  of  long  terms  for  members  of  the  Legislature  (two 
and  four  years)  and  executive  officials  (four  years,  except 
Treasurer,  two  years)  and  of  biennial  instead  of  annual 
elections  and  sessions  of  the  Legislature.  The  democratic 
movement  had  barely  commenced  and  it  did  not  appreciably 
afTect  the  Constitution.  The  chief  influence  came,  naturally 
from  existing  state  constitutions  and  of  these  the  most 
influential  were  those  of  Alabama  (1819),  Illinois  (1818), 
Kentucky  (1799),  and  Maine  (1819),  all  of  these  except  one 
falling  in  the  group  of  most  recently  adopted  constitutions. i" 

Constitutional  Convention  of  1845. 

Before  the  meeting  of  the  Constitutional  Convention  of 
1845,  two  series  of  amendments  to  the  Constitution  of  1820 
had  been  adopted  by  the  Legislature.  The  first  group 
originally  included  ten  sections  proposed  in  less  than  one  year 
after  the  adoption  of  the  Constitution  and  seven  of  the  sec- 
tions were  ratified  in  1822.^^  Most  of  the  amendments 
were  intended  to  change  those  sections  of  the  Constitution 
which  provided  a  minimum  salary  of  $2,000  for  the  Gover- 
nor, Chancellor  and  Judges  of  the  Supreme  and  circuit 
courts.  These  sections  had  been  the  subject  of  repeated 
opposition  in  the  Constitutional  Convention. ^^  \^  amended 
the  Legislature  was  left  free  to  fix  the  compensation  of  these 
officials.  Other  amendments  abolished  the  office  of  Chan- 
cellor but  left  the  General  Assembly  power  to  establish  a 
court  or  courts  of  chancery.     United  States  officials  who 


•Constitution,  1820,  Art.  XII. 

loShoemaker,  Missouri's  Struggle  for  Statehood,  p.  250. 
"Revised  Statutes,  1825,  Vol.  I,  pp.  65-67. 
'^Journal,  Convention  1820,  pp.  20.  21,  23,  24,  40. 


12  JOURNAL  OF  THE  MISSOURI 

were  already  ineligible  to  election  as  members  of  the  General 
Assembly^^  were  by  one  of  these  amendments  disqualified 
to  hold  any  office  of  profit  under  the  State  of  Missouri. 

The  amendments  as  originally  proposed  by  the  Legisla- 
ture in  1821  included  sections  transferring  the  power  of 
appointing  judges  and  the  Auditor,  Secretary  of  State  and 
Attorney-General  from  the  Governor  to  houses  of  the 
Legislature  in  joint  session, ^^  but  these  failed  of  ratification 
by  the  subsequent  General  Assembly.  Notwithstanding 
this  fact,  one  of  the  amendments  proposed  in  1821,  which 
provided  that  the  offices  of  the  judges  of  the  Supreme  and 
circuit  courts  should  expire  at  the  end  of  the  first  session  of 
the  next  General  Assembly  or  as  soon  as  their  successors 
should  be  elected  and  qualified,  was  ratified  in  1822. 

The  second  group  of  amendments  as  proposed  in  1833 
was  chiefly  concerned  with  changes  in  the  tenure  and  terms 
of  judges  and  clerks  of  courts. ^^  It  was  proposed  to  take 
the  power  of  appointment  from  the  Governor  and,  in  the 
case  of  the  clerks,  from  the  courts,  and  to  abolish  the  prov  i 
sion  under  which  all  of  such  officials  held  office  during  good 
behavior.  The  Supreme  Court  Judges  were  to  be  elected 
by  a  joint  session  of  the  General  Assembly  while  the  cir- 
cuit judges  and  the  clerks  of  the  county  and  circuit  courts 
were  to  be  elected  by  the  voters  of  the  circuits  and  counties 
respectively.  All  of  these  officials  were  to  hold  office  for 
terms  of  six  years.  The  offices  of  existing  judges  and  clerks 
were  to  be  vacated  and  provision  was  made  for  the  electio 
of  their  successors.  When  these  amendments  were  sub- 
mitted to  the  Eighth  General  Assembly,  all  were  rejected 
except  those  relating  to  clerks  of  the  county  and  circuit 
courts  and  the  vacation  of  the  offices  of  existing  circuit 
judges. "5  It  was  contended  by  a  circuit  judge  that  inasmuch 
as  the  section  for  vacating  the  offices  of  circuit  judges  had 


"Constitution,  1820,  Art.  Ill,  Sec.  II. 

"Laws,  1821,  p.  .38. 

"Laws  of  Missouri,  18.32-33,  pp.  3,  4. 

"Kcviscd  .statuU's,  183.5,  Vol.  I,  pp.  34,  35.  Amendments  which  had  been  pro- 
posed In  1833  for  chanKcs  in  the  northwestern  and  northeastern  boundaries  of  the 
State  were  ratified  in  1834. 


CONSTITUTIONAL  CONVENTION,   1875         13 

been  proposed  in  connection  with  the  one  providing  a  dif- 
ferent term  for  circuit  judges,  the  failure  of  the  Legislature 
to  ratify  the  latter  made  the  former  of  no  effect,  notwith- 
standing its  ratification.  The  Supreme  Court  held  however 
the  section  providing  for  the  vacation  of  the  offices  of  cir- 
cuit judges  was  an  independent  amendment  and  could 
stand  alone. ^^ 

The  failure  of  the  attempt  to  introduce  the  elective 
principle  and  the  limited  term  in  the  cases  of  judicial  officers 
was  partly  responsible  for  the  movement  for  a  constitutional 
revision  which  commenced  about  this  time.  The  popula- 
tion of  the  State  which  was  only  66,586  in  1820  had  increased 
to  383,702  in  1840  and  by  1845  probably  amounted  to 
500,000.  It  was  naturally  felt  that  the  quarter  century 
had  introduced  changes  which  made  a  revision  desirable. 
The  campaign  received  legislative  approval  in  1843.^^  In 
default  of  any  definite  provision  in  the  Constitution  of  1820 
regarding  general  revision,  the  Legislature,  in  accordance 
with  the  prevailing  constitutional  principle,  provided  for  a 
Constitutional  Convention  subject  to  the  approval  of  the 
voters.  This  approval  was  given  in  1844  by  an  overwhelm- 
ing majority. ^3  The  act  of  1843  provided  that  the  Conven- 
tion should  consist  of  delegates  chosen  from  the  senatorial 
districts,  each  district  electing  twice  as  many  delegates  as 
the  number  of  senators  to  which  it  was  entitled.  In 
August,  1845,  sixty-six  delegates  were  elected  from  the 
twenty-eight  districts  and  the  Convention  met  in  JefTerson 
City  on  November  17,  1845. ^^  The  Convention  was  in 
session  for  nearly  two  months,  adjourning  on  January  14, 
1846.  In  contrast  with  the  practical  unanimity  with  which 
the  Constitution  of  1820  was  adopted,  the  vote  in  the  Con- 
vention of  1845  was  forty-nine  to  thirteen.  The  negative 
vote  foreshadowed  opposition  when,  as  provided  in  the  Con- 
stitution, it  was  submitted  to  the  voters  in  August,  1846. 

I'State  V.  McBride,  4  Mo.  303. 
"Laws.  1842-3,  pp.  26-28. 

"Revised  Statutes,  1845,  p.  54  note.    In  1835  a  similar  proposition  had  been  re- 
jected.    Ter.  Laws,  Vol.  II,  pp.  433-435. 
"Official  Manual,  1915-16,  p.  164. 


14  JOURNAL  OF  THE  MISSOURI 

The  Constitution  was  rejected  by  a  majority  of  over  9,000 
in  a  total  vote  of  60,000.-^  Notwithstanding  the  defeat  of 
the  Constitution  it  will  be  desirable  in  this  sketch  of  cons- 
titutional evolution  to  consider  some  of  the  more  important 
features  which  distinguished  it  from  the  Constitution  of 
1820. 

\\hilc  the  new  document  was  somewhat  larger  in  size, 
there  did  not  yet  appear  those  numerous  provisions  regulat- 
ing and  restricting  the  Legislature  in  detail.  Significant, 
however,  were  the  provisions  restricting  legislative  power  in 
incurring  State  debts,  creating  banks,  lotteries  and  other 
corporations,  granting  divorces,  regulating  duels  and  passing 
private  and  local  bills.--  The  growing  lack  of  confidence  in 
the  Legislature  is  also  manifested  in  the  provision  that  no 
session  shall  continue  longer  than  sixty  days,"  and  in  the 
requirement  of  a  popular  referendum  upon  constitutional 
amendments  which  could  be  proposed  every  four  years  by 
an  absolute  majority  in  each  house  of  the  Legislature.^^ 
The  most  important  changes  proposed,  however,  were  those 
regarding  the  basis  of  representation  in  the  House  of  Re- 
presentatives and  the  tenure  and  term  of  judges. 

It  will  be  recalled  that  under  the  Constitution  of  1820 
each  county  was  entitled  to  at  least  one  Representative  and 
the  total  number  of  Representatives  could  not  exceed  one 
hundred. -5  In  1815  there  were  ninety-six  counties  in  Mis- 
souri and  it  was  quite  clear  that  additional  counties  would 
be  created  in  the  near  future.  Under  these  conditions,  it 
was  evident  that  the  rule  of  apportionment  according  to 
white  male  population  could  not  be  carried  out  and  that 
the  counties  with  large  population  would  have  no  more 
representation  than  the  smallest  counties.  On  the  other 
hand  after  the  number  of  counties  reached  one  hundred,  no 
new  counties  could  be  created  without  violating  the  above 
constitutional  rule.     In  the  Convention  there  was  a  contest 


"Ibid. 

"ConsUtution.  184.5,  Art.  III.  Sues.  31,  32,  34,  38,  39;  Art.  VIII. 

-Ibid.,  Art.  III.  SciC.  24. 

"Ibid..  Art.  X.g  « 

"Constitution,  1820.  Art.  Ill,  Sec.  2. 


CONSTITUTIONAL  CONVENTION,   1875         15 

between  those  who  favored  the  plan  of  giving  each  county  at 
least  one  Representative  and  those  who  advocated  the  estab- 
lishment of  a  ratio  and  the  refusal  of  representation  to 
counties  having  less  than  this  ratio.  A  compromise  was 
effected  and  a  ratio  secured  by  dividing  the  total  number  of 
free  white  inhabitants  by  one  hundred.  Counties  were 
given  representatives  according  to  their  ratios  as  follows: 

For  three-fifths  ratio,  one  representative;  for  one  and 
two-thirds  ratios,  two  representatives;  for  two  and  two- 
thirds  ratios,  three  representatives;  for  four  ratios,  four 
representatives  and  so  on  above  that  number  giving  one 
additional  member  for  each  additional  ratio.  Counties  con- 
taining less  than  three-fifths  ratio  which  were  contiguous  to 
each  other  were  to  be  joined  into  districts  containing  two- 
thirds  ratio  and  given  one  member,  but  a  county  having  less 
than  three-fifths  ratio  which  was  not  contiguous  to  another 
similar  county  was  to  be  given  one  member.-''  While  this 
provision  did  not  go  into  effect,  it  was  of  some  influence  in 
determining  the  basis  of  representation  adopted  by  consti- 
tutional amendment  in  1849.^^ 

On  the  question  of  the  tenure  and  term  of  judges  a 
compromise  was  also  made.  Supreme  Court  Judges  con- 
tinued to  be  appointed  by  the  Governor  while  circuit 
judges  were  to  be  elected  by  the  voters  of  the  circuit.  The 
terms  of  office  were  twelve  and  six  years  respectively. 

Constitutional  Amendments,   1849-1865. 

The  rejection  of  the  draft  Constitution  in  August,  1846, 
was  followed  by  numerous  proposals  for  the  amendment  of 
the  Constitution.  As  it  required  the  joint  action  of  two 
Legislatures  to  ratify,  the  first  actual  changes  in  the  Con- 
stitution were  not  made  until  the  session  of  1848-49.  Each 
succeeding  General  Assembly  down  to  the  Civil  War  ratified 
one  or  more  constitutional  amendments.  The  two  most 
important  changes  proposed  by  the  Constitution  of  1845  were 


2«Constitutloii,  1845,  Art.  Ill,  Sec.  2. 
2'Laws,  1848-49,  p.  6. 


16  JOURNAL  OF  THE  MISSOURI 

carried  into  effect  in  modified  form  by  amendments  ratified 
in  1849.  As  regards  the  judiciary,  the  appointive  principle 
was  retained  for  circuit  as  well  as  Supreme  judges  but  the 
terms  were  changed  to  eight  and  twelve  years  respectively. ^^ 
At  the  same  session,  however  an  amendment  was  proposed 
which  being  ratified  by  the  Legislature  at  its  session  in  1850- 
51,  established  the  elective  principle  for  both  sets  of  judges  and 
a  uniform  term  of  six  years. ^^  At  the  same  time  amend- 
ments were  ratified  which,  by  introducing  elective  tenure  in 
the  offices  of  Secretary  of  State,  Attorney-General,  Auditor, 
Treasurer  and  Registrar  of  Lands,  led  to  the  introducton 
of  the  long  ballot  in  Missouri  State  elections.^" 

The  contest  over  the  basis  of  representation  in  the 
House  of  Representatives  was  also  settled  by  an  amendment 
adopted  in  1849. ^^  AVhile  the  plan  of  establishing  a  ratio 
introduced  in  the  Constitution  of  1845,  was  adopted,  the 
divisor  used  in  determining  the  ratio  was  one  hundred  and 
forty  instead  of  one  hundred.  The  smaller  counties  achieved 
a  victory  in  the  provision  that  a  county  with  less  than  the 
ratio  was  nevertheless  entitled  to  one  Representative. 
Finally,  there  was  now  evidenced  the  desire  to  discriminate 
against  the  more  populous  counties  by  increasing  progres- 
sively the  number  of  ratios  required  for  each  additional 
Representative  above  two.  Thus,  for  example,  while  a 
county  with  one  and  three-fourth  ratios  was  entitled  to 
two  Representatives  it  was  necessary  to  have  three  ratios 
for  three  Representatives;  four  and  one-half  for  four 
Representatives;  thirteen  for  eight  Representatives,  and 
twenty-four  for  twelve  Representatives.  The  plan  adopted, 
it  is  true,  gave  the  more  populous  counties  more  representa- 
tion than  the  previously  existing  system  which,  under  the 
constitutional  provision  restricting  the  number  of  Repre- 
sentatives to  one  hundred,  practically  ga\e  each  county 
only  one   Representative.     It  was,   however,    much   less  in 


"Laws,  1848-49,  p.  8. 
"Laws,  1850-51,  pp.  45,  50. 
»»Ibid..  pp.  47.  48. 
•'Laws,  1848-49,  p.  6. 


CONSTITUTIONAL   CONVENTION,    1875  17 

accord  with  the  principle  of  popular  representation  than  the 
provision  of  the  constitution  of  1845  and  it  foreshadowed 
further  discrimination  in  the  future  against  the  large  centers 
of  population. 

The  same  amendment  which  fixed  the  basis  of  represen- 
tation restricted  the  Legislature's  power  to  reduce  the  size 
of  existing  counties  or  to  create  new  counties  with  less  than 
five  hundred  square  miles  or  to  give  separate  representation 
to  any  new  county  unless  the  latter  contained,  when  estab- 
lished, free  white  inhabitants  equal  to  three-fourths  of  the 
ratio  of  representation.  It  also  settled  the  question  of 
limiting  the  legislative  session  by  fixing  the  existing  com- 
pensation of  members  of  three  dollars  a  day  as  the  maximum 
for  sixty  days  after  which  time  they  were  to  receive  not 
exceeding  one  dollar  per  day  except  at  a  revising  session 
when  the  higher  amount  could  be  received  for  one  hundred 
days.  While  this  provision  was  abolished  by  subsequent 
amendment  in  1857, ^^  it  furnished  the  model  upon  which 
similar  provisions  in  the  Constitution  of  1875  were  based. 

The  limitation  upon  legislative  power  to  grant  divorces 
which  had  been  incorporated  in  the  Constitution  of  1845, ^^ 
was  finally  secured  through  the  ratification  of  an  amend- 
ment in  1853.^*  In  1857  the  article  on  banks  was  changed 
so  as  to  give  the  Legislature  power  to  charter  not  exceeding 
ten  banks  with  an  aggregate  capital  not  in  excess  of  twenty 
millions  of  dollars.''^  Two  years  later,  the  Legislature  was 
forbidden  to  incur  any  State  debt  or  liability  in  excess  of 
thirty  millions  of  dollars,  except  in  case  of  war.^^  The  Consti- 
tution of  1845  contained  a  provision  prohibiting  the  Legis- 
lature from  creating  any  State  debt  to  exceed  at  any  time 
twenty-five  thousand  dollars,  without  the  consent  of  a 
majority  of  the  voters."  In  support  of  this  provision  the 
president  of  the  Constitutional  Convention  of  1845  pointed 


"Laws,  1856-57,  p.  5. 
"Art.  Ill,  Sec.  32. 
"Laws,  1852-53,  p.  3. 
"Laws,  1856-57,  p.  6. 
"Laws,  1858-59,  p.  3. 
3'Art.  Ill,  Sec.  31. 


18  JOURNAL  OF  THE  MISSOURI 

out  the  danger  that  the  Legislature,  if  not  restricted,  would 
incur  huge  debts  to  aid  in  the  building  of  railroads.''*  His 
words  were  prophetic  as  in  1859,  when  the  above  amendment 
was  passed,  the  amount  of  State  credit  loaned  to  railroads 
aggregated  approximately  twenty-five  million  dollars. ^^ 

The  last  amendment  to  the  Constitution  of  1820, 
adopted  by  the  Legislature  in  1861,^"  like  one  adopted  in 
1855,^^  was  intended  to  validate  the  creation  of  a  county 
smaller  in  area  or  population  than  permitted  by  the  amend- 
ment dealing  with  the  basis  of  representation  which  was 
adopted  in  1819. ^^ 

Convention  of  1861-63. 

It  has  been  pointed  out"  that  the  Convention  called  in 
1861  was  not  chosen  for  the  purpose  of  modifying  the  Con- 
stitution of  the  State.  In  its  second  and  subsequent  sessions, 
however,  this  Convention  found  it  necessary  at  times  to 
carry  on  a  provisional  government  and  it  assumed  the 
authority  to  amend  the  Constitution  from  time  to  time. 
An  ordinance  of  July  30,  1861,  vacated  the  offices  of  the 
Governor,  Lieutenant-Governor,  Secretary  of  State  and 
members  of  the  Legislature  and  provided  for  the  choice  of 
their  successors.^"*  On  October  12,  1861,  the  Convention 
provided  for  the  abolition  of  certain  offices,  the  reduction 
of  salaries  of  others  and  a  test  oath  for  all  civil  officials. ^^ 
This  was  followed  in  June,  1862,  by  an  ordinance  prescribing 
test  oaths  for  all  voters,  officials,  jurymen,  attorneys,  teach- 
ers, preachers,  and  officials  of  corporations.'*^  At  the  same 
session  it  changed  the  constitutional  date  for  general  elec- 


•«R.  W.  Wells.  A  Review  of  the  New  Constitution  of  the  State  of  Missouri,  p.  9. 
Pamphlet  bound  with  Journal  of  Constitution  Convention  of  1845,  in  Library  of  State 
Historical  Society  of  Missouri. 

"Report  of  Auditor  of  Public  Accounts  Appendix,  Journals  of  the  twentieth 
General  Assembly,  pp.  .52,  .53. 

"Laws,  1860-61,  p.  4. 

"Laws,  18.54-55,  p.  4. 

«>Law8,  1848-49,  p.  6. 

♦•Ante,  p.  7. 

♦♦Appendix,  Journal  of  Convention,  June,  1862,  p.  3. 

♦'Ibid.,  p.  .5. 

♦♦Ibid.,  p.  13. 


CONSTITUTIONAL  CONVENTION,   1875         19 

tions  from  August  to  November,^^  and  at  its  last  session  in 
1863  passed  a  similar  ordinance  regarding  the  date  for 
electing  judges. ^^  Finally,  at  its  last  session,  the  Convention 
passed  an  ordinance  abolishing  those  provisions  of  the  Con- 
stitution which  restricted  the  Legislature's  power  over 
slavery  and  providing  a  plan  for  the  gradual  emancipation 
of  slaves  in  Missouri.'*^ 

Constitutional  Convention  of  1865. 

Gradual  emancipation  was  no  longer  acceptable  and  the 
demand  arose  for  a  new  Constitutional  Convention.  This 
resulted  in  1864  in  the  passage  of  an  act  providing  for  the 
submission  of  the  question  to  the  voters  at  the  November 
election,^"  when  the  proposition  carried  by  a  large  majority. 
As  was  true  of  the  Convention  of  1845,  each  senatorial  dis- 
trict was  entitled  to  twice  as  many  delegates  as  it  had  sena- 
tors. At  this  time  there  were  twenty-nine  districts  each 
electing  two  delegates  except  the  twenty-ninth  (St.  Louis 
county)  which  elected  ten  delegates.  In  accordance  with 
the  act  of  1864,  the  delegates  were  chosen  at  the  November 
election,  when  the  question  was  submitted  to  the  voters, 
and  the  Convention  met  at  St.  Louis  on  January  6,  1865.''^ 
The  Convention  was  in  session  three  months,  adjourning 
on  April  10,  1865.  The  Constitution  was  adopted  by  a  vote 
of  thirty-eight  to  thirteen  and  ratified  on  June  6,  1865,  by 
the  small  majority  of  1,862  in  a  total  vote  of  85, 478. ''^ 

The  Constitutional  Convention  act  provided  that  the 
Convention  should  consider  first,  amendments  necessary  for 
the  emancipation  of  slaves  and,  second,  those  necessary  to 
restrict  suffrage  to  loyal  citizens  and  such  other  amend- 
ments essential  to  the  public  good.^^ 


I'Ibid.,  p.  21. 

•'AppendLx,  Journal  of  Convention,  June,  1863,  p.  3. 

«'Ibid.,  p.  4. 

"Laws,  1863-64,  pp.  24-26. 

"Ibid. 

"Joiu-nal,  Convention,  1865,  p.  280. 

"Laws,  1863-4,  p.  25. 


20  JOURNAL  OF  THE  MISSOURI 

While  the  Convention  decided  to  make  a  general  revi- 
sion of  the  Constitution,  its  decisions  on  the  two  enumerated 
matters  were  of  greatest  importance.  The  question  of 
slavery  was  disposed  of  on  the  fifth  day  when  an  ordinance 
decreeing  immediate  and  unconditional  emancipation  was 
passed  by  a  vote  of  sixty  to  four.'^^  The  substance  of  this 
ordinance  became  section  two  of  Article  I  of  the  new  Con- 
stitution. 

The  suffrage  question  was  of  so  much  importance  that 
the  entire  Article  II  was  devoted  to  it.  The  general  quali- 
fications were  substantially  the  same  as  in  the  Constitution 
of  1820  with  two  exceptions.  An  alien  who  had  declared 
his  intention  to  become  a  citizen  of  the  United  States  not 
less  than  one  year  nor  more  than  five  years  and  who  was 
otherwise  qualified,  could  vote.^^  After  January  1,  1876, 
all  persons  not  qualified  voters  before  that  date  must  be 
able  to  read  and  write  in  order  to  vote,  unless  the  inability 
was  the  result  of  physical  disability.^^  Negro  suffrage  was 
not  established  by  the  Constitution  but  in  1867  the  Legis- 
lature submitted  an  amendment  for  this  purpose,"  which 
was  rejected  by  the  voters  in  1868.  Two  years  later  a  simi- 
lar provision  was  combined  with  an  abrogation  of  the  "iron- 
clad oath"  and  other  objectionable  sections  of  the  Constitu- 
tion of  1865^^  and  ratified  later  in  the  year  by  the  voters. ^^ 

In  the  matter  of  disqualifications  for  voting,  however, 
important  changes  were  introduced.  These  made  the  Con- 
stitution of  1865  notorious  and  unpopular,  and  were  the 
chief  factors  contributing  to  its  revision.  The  disqualifica- 
tions for  voting,  office  holding  and  the  practice  of  professions 
which  had  been  introduced  by  the  Convention  during  the 
war  were  continued  and  made  much  harsher  and  more 
sweeping,  with  the  effect  that  practically  all  who  had  in  any 


"Journal.  ConvonUon  of  1865,  pp.  25-27. 
"ConsUtutlon.  1865,  Art.  11.  Sec.  18. 
"Ibid.,  Sec.  19. 
"Laws,  1867,  p.  12. 
"Laws,  1870,  p.  503. 
"See  below,  p.  21. 


CONSTITUTIONAL  CONVENTION,   1875         21 

way  sympathized  with  the  South  were  disqualified.^"  In 
order  to  enforce  these  restrictions,  all  persons  affected  were 
required  to  take  an  oath  whose  character  is  shown  in  the 
name  "iron-clad  oath"  which  came  to  be  applied  to  it.^^ 
As  regards  the  suffrage  the  restrictions  were  made  more 
severe  by  the  requirement  for  the  registration  of  all  voters 
under  which  the  taking  of  the  oath  was  a  prerequisite  to 
registration  and  voting,  but  not  conclusive  of  the  right  to 
be  registered  or  to  vote  which  was  finally  passed  upon  by 
officials  of  registration."-  The  great  opposition  to  these 
provisions  is  shown  by  the  fact  that  though  the  Convention 
provided''^  that  no  one  should  vote  on  the  ratification  of  the 
Constitution  without  taking  the  test  oath  there  was  only  a 
very  small  majority  in  its  favor. ''^  The  opposition  continued 
and  increased  after  the  Constitution  went  into  effect. 
The  Legislature  by  an  absolute  majority  in  each  house  could 
suspend  or  repeal  the  disqualification  of  voters  after  January 
1,  1871,  and  the  disqualifications  in  other  cases  after  January 
1,  1875.''^  Public  opinion,  however,  was  not  willing  to 
wait.  In  1866  the  United  States  Supreme  Court  "declared 
the  disqualifications  for  the  practice  of  professions  unconsti- 
tutional,*'" and  in  1870  the  Legislature  proposed  a  series  of 
amendments  abrogating  the  remaining  disqualifications  and 
the  test  oath."  These  were  ratified  at  the  November  elec- 
tion by  an  overwhelming  majority.  Finally,  an  amend- 
ment proposed  in  1873"^  and  ratified  the  following  year, 
abolished  the  section  requiring  general  registration  of 
voters,  and  substituted  a  provision  giving  the  Legislature 
authority  to  provide  for  registration  in  cities  with  more  than 
ten  thousand  inhabitants. 

The  Constitution  of  1865  omitted  the  articles  in  the 


eoConstitution,  1865,  Art.  II,  Sec.  3. 

«'Ibid.,  Sees.  5-14. 

62lbid.,  Sec.  5. 

"Constitution,  1865,  Art.  XIII,  Sec.  6 

"Ante,  p.  19. 

isConstitution,  1865,  Art,  11,  Sec.  25. 

«»Cummings  v.  Missouri,  4  Wall.  277. 

«'Laws,  1870,  pp.  502-504. 

"Laws,  1873,  p.  401. 


22  JOURNAL  OF  THE  MISSOURI 

Constitution  of  1820  dealing  with  boundaries,  internal  im- 
provement and  permanent  seat  of  government  but  added 
separate  articles  dealing  with  suffrage  and  impeachments. 
While  it  had  one  less  article  it  had  increased  in  size  about 
fifty  per  cent  and  contained  a  total  of  about  15,000  words. 
About  one-half  of  this  increase  was  due  to  the  suffrage 
article.  The  articles  dealing  with  declaration  of  rights, 
banks  and  corporations,  education,  miscellaneous  provisions 
and  mode  of  amending  the  Constitution  were  also  somewhat 
expanded,  the  latter  article  now  including  specific  provision 
for  a  Constitutional  Convention"  and  changing  the  process 
of  amendment  to  the  popular  referendum  proposed  by  the 
Constitution  of  1845^"  except  that  the  Legislature  was  un- 
restricted as  to  time  in  the  proposal  of  amendments,  and 
ratification  now  required  only  a  majority  of  the  votes  cast 
on  the  amendments  instead  of  a  majority  of  the  votes  at 
the  election. ^^  This  was  an  early  recognition  of  one  of  the 
chief  defects  of  popular  referendum — the  failure  of  the 
voters  to  cast  a  vote  either  yes  or  no  on  the  proposition. 
While  the  expansion  of  the  Constitution  was  not  as 
yet  due  to  the  inclusion  of  numerous  positive  restrictions 
upon  the  Legislature,  some  of  these  appear  at  this  time. 
The  power  of  special  legislation  had  been  abused"  and  the 
Legislature  was  expressly  forbidden  to  enact  special  laws 
in  thirteen  classes  of  cases."  Moreover,  it  was  not  to  pass 
any  special  law  for  any  case  in  which  a  general  law  could  be 
made  applicable.'''  However,  as  the  Supreme  Court  held 
that  the  question  of  applicability  was  left  to  the  decision  of 
the  Legislature'^  the  latter  did  not  constitute  an  effective 
limitation.  While  the  provision  limiting  the  amount  of  the 
State  debt  which  was  adopted  in  1859'^  was  not  included, 


"ConsUtution,  1865,  Art.  XII.  Sec.  3. 
"Ante,  p.  14. 

"Constitution,  18G5.  Art.  XII,  Sec.  2. 

"See  table  in  Harper.  Local  and  Special  Legislation  in  Missouri,  Manuscript  in 
Library  of  University  of  Missouri. 

"Constitution  of  1865,  Art.  IV,  Sec.  27,  Art.  VIII.  Sees.  4,  5. 

"Ibid. 

"Henderson  v.  County  Court  of  Boone  County,  50  Mo.  317. 

'•Ante,  p.  17. 


CONSTITUTIONAL  CONVENTION,   1875         23 

it  was  provided  that  the  credit  of  the  State  should  not  be 
given  or  loaned  in  aid  of  any  person  or  corporation  and  that 
this  should  not  be  done  in  the  case  of  any  county  or  local 
subdivision  without  the  consent  of  two-thirds  of  the  voters 
of  such  subdivision.^'^  There  was  also  apparent  a  tendency 
to  introduce  additional  restrictions  upon  legislative  proced- 
ure and  at  this  time  was  established  the  provision  that  for 
the  passage  of  bills  an  absolute  majority  with  the  yeas  and 
nays  entered  upon  the  journal  should  be  required. ^^ 

In  the  House  of  Representatives  the  basis  of  representa- 
tion was  determined  according  to  the  general  plan  adopted 
in  1849.''^  The  divisor,  however,  was  two  hundred  instead 
of  one  hundred  and  forty,  resulting  in  a  relatively  smaller 
ratio  and  a  larger  House. ^^  While  this  was  advantageous 
to  the  larger  counties  it  was  offset  by  an  increase  in  the  num- 
ber of  ratios  required  for  additional  Representatives.  While 
each  county  with  one  ratio  or  less  was  to  have  one  Represen- 
tative, it  took  two  additional  ratios  to  secure  a  second 
Representative  and  for  each  additional  Representative  three 
ratios  were  required.  This  plan  discriminated  in  favor  of 
the  smallest  counties  but  operated  proportionally  among  the 
larger  counties,  differing  in  this  regard  from  the  provisions 
of  1849  and  the  plan  adopted  in  the  Constitution  of  1875. 
The  single  ticket  plan  of  representation  was  introduced  at 
this  time,  the  county  court  being  required  to  divide  the 
county  into  as  many  compact  and  convenient  districts  as  the 
number  of  representatives  to  which  it  is  entitled,  the  dis- 
tricts to  be  as  nearly  as  may  be  of  equal  population.  ^^  The 
same  principle  also  was  now  established  for  the  Senate 
which  was  to  consist  of  thirty-four  members  each  chosen  for 
a  separate  district.  The  districts  were  to  be  fixed  by  the 
Legislature,   except  in  counties  entitled  to  more  than  one 


"Constitution,  1865,  Art.  XI,  Sees.  13,  14. 

"Constitution,  1865,  Art.  IV,  Sec.  24. 

"Ante,  p.  16. 

soConstitution,  1865,  Art.  IV,  Sec.  2. 

silbid. 


24  JOURNAL  OF  THE  MISSOURI 

Senator,  where  they  were  to  be  determined  by  the  county 
court  as  in  the  case  of  Representatives. ^^ 

The  principle  of  popular  election  as  it  had  been  extended 
in  1851  was  retained  for  officials  of  the  Executive  and  Judi- 
cial Departments  except  that  the  ofTice  of  Registrar  of  Lands 
was  no  longer  mentioned. ^^  The  terms  of  the  executive 
ofTicials  except  the  Superintendent  of  Schools  were  reduced 
from  four  to  two  years.  ^^  Provision  was  made  for  divid- 
ing the  State  outside  of  the  county  of  St.  Louis  into  not  less 
than  five  districts,  each  to  embrace  at  least  three  judicial 
circuits.  The  circuit  judges  in  each  district  were  to  con- 
stitute a  district  court  which  was  to  be  an  intermediate 
court  of  appeal  between  the  circuit  and  Supreme  Court. ^'^ 
The  judges  of  the  circuit  court  of  St.  Louis  county  sitting 
as  a  court  in  banc  constituted  a  similar  court. ^"^  In  1870, 
however,  the  Legislature  proposed  an  amendment  abolish- 
ing the  district  courts"  and  this  was  ratified  by  the  voters. 
Two  years  later  an  amendment^^  was  ratified  which  increased 
the  number  of  Supreme  Court  Judges  to  five  and  their 
terms  to  ten  years. 

Leaving  aside  sections  such  as  sufTrage  and  slavery, 
which  were  the  direct  outgrowth  of  the  war,  the  Constitution 
of  1865  did  not  constitute  any  radical  departure  from  its 
predecessor,  as  the  latter  had  been  modified  by  amendments 
adopted  from  time  to  time  as  indicated  above.  While  pro- 
visions were  incorporated  for  the  purpose  of  checking  or 
preventing  certain  evils  which  had  arisen  there  is  not  mani- 
fest any  striking  tendency  to  place  undue  restrictions  upon 
the  Legislature. 


"ConBtitution.  1865,  Art.  IV,  Sees.  4-6. 
"Constitution,  1865.  Art.  V,  Sec.  16;  Art.  VI,  Sees.  7,  14. 

««Ibid.,  Art.  V,  Sees.  3,  12.  16;  Art.    IX,  Sec.  3.     The  treasurer  had   a   two-year 
term  under  the  Constitution  of  1820,  Art.  Ill,  Sec   31. 
"ibid..  Art.  VI,  Sec.  12. 
••Ibid..  Art.  VI,  Sec.  15. 
•'Laws,  1870,  p.  500. 
••Laws,  1871-72,  Resolutions,  p.  3. 


CONSTITUTIONAL  CONVENTION,   1875         25 


Constitutional  Convention  of  1875. 

While  there  is  evidence  that  after  the  elimination  of  the 
"iron-clad  oath"  and  its  accompanying  sections  the  people 
were  fairly  well  satisfied  with  the  Constitution  of  1865,  the 
overthrow  of  the  radical  Republicans  in  the  election  of  1870 
made  it  inevitable  that  their  chief  work  should  be  subjected 
to  attack.  In  his  inaugural  message  in  1871,  Governor  B. 
Gratz  Brown  advised  the  Legislature  to  consider  the  ques- 
tion of  a  Constitutional  Convention.  ^^  Two  years  later, 
at  the  conclusion  of  his  term,  he  renewed  his  recommenda- 
tion in  stronger  words. ^°  At  the  same  time,  the  new  Gover- 
nor, Silas  Woodson,  a  moderate  Democrat  who  had  been 
chosen  as  a  compromise  candidate,  in  his  inaugural  address, 
spoke  at  length  upon  the  subject. ^^  While  recognizing  that 
the  Constitution  still  contained  some  objectionable  provi- 
sions, he  was  unwilling  to  recommend  a  convention  because 
of  the  expense  and  the  danger  that  it  would  be  a  partisan 
body.  He  stated  that  both  branches  of  the  Republicans 
were  opposed  to  revision  and  while  some  Democrats  agreed 
with  them  he  believed  that  Democrats  only  favored  the 
proposition.  Moreover,  he  believed  that  defects  in  the 
Constitution  could  be  remedied  by  amendments  proposed  by 
the  Legislature.  Governor  Woodson  evidently  became  con- 
verted to  the  prevailing  sentiment  of  his  party  as  on  March 
25,  1874,  he  approved  the  "Act  to  authorize  a  vote  of  the 
people  to  be  taken  upon  the  question  whether  a  convention 
shall  be  held  for  the  purpose  of  revising  and  amending  the 
Constitution  of  this  State. "^"  That  he  was  right  in  his 
estimate  of  the  opposition  to  the  measure  is  shown  by  the 
fact  that  at  the  election  the  following  November  the  prop- 
osition carried  by  a  majority  of  only  283  in  a  total  vote  of 
222,315.93 


"Senate  Journal,  26th  General  Assembly,  p.  33. 

'"Senate  Journal,  27th  General  Assembly,  p.  20. 

"Ibid.,  pp.  64-66. 

»2Laws,  1874,  p.  57. 

'^Encyclopedia  of  the  History  of  Missouri,  Vol.  II,  p.  113. 


26  JOURNAL  OF  THE  MISSOURI 

Under  the  provisions  of  the  Constitution,^^  the  Gover- 
nor ordered  an  election  to  be  held  on  January  26,  1875,  at 
which  two  delegates  were  elected  from  each  of  the  thirty- 
four  senatorial  districts.  In  accordance  with  the  act  of 
1874,9^  the  Convention  met  in  the  Capitol  at  JelTerson  City 
on  May  5,  1875.  It  was  in  session  about  one  week  less  than 
the  Convention  of  1865,  adjourning  on  August  2,  1875. 
The  Coilstitution  was  adopted  by  the  unanimous  vote  of 
the  sixty  members  present  and  was  later  signed  by  all 
sixty-eight  members.  It  was  ratified  at  a  special  election 
on  October  30,  1875,  by  the  large  majority  of  76,688.^^  The 
total  vote,  91,205,  was  only  forty-one  per  cent  of  the  vote 
cast  the  preceding  November  on  the  question  of  holding  a 
Convention.  The  fact  that  the  vote  on  the  question  of 
ratification  was  cast  at  a  special  election  is  probably  the 
chief  cause  for  the  decrease.  The  large  increase  in  the 
majority  was  doubtless  due  to  popular  approval  of  some  of 
the  changes  proposed  by  the  Constitutional  Convention. 
Before  adjourning  the  Convention  unanimously  adopted  an 
address  to  the  people  containing  a  "brief  statement  of  the 
more  important  changes  proposed,  with  some  of  the  advan- 
tages supposed  to  result  from  these  changes.""  While 
some  of  the  benefits  anticipated  have  not  been  realized,  the 
statement  is  of  much  value  as  an  expression  of  the  opinion 
of  those  who  were  instrumental  in  drafting  the  new  provi- 
sions. 

The  most  obvious  difference  between  the  new  Constitu- 
tion and  its  predecessors  is  in  its  size,  which  showed  an 
increase  of  nearly  200  per  cent  over  the  Constitution  of 
1820  and  of  100  per  cent  over  that  of  1865.  In  seeking  an 
explanation  for  this  increase  it  is  first  to  be  noted  that  the 
Constitution  of  1875  consisted  of  fifteen  articles  and  a  sche- 
dule. A  brief  article  dealing  with  boundaries  was  restored  and 
two  new  articles  devoted  to  counties,  cities  and  towns  and 


"Constitution  of  1865.  Art.  XII,  Sec.  3. 

"Laws,  1874,  p.  .57. 

•"Encyclopedia  of  History  of  Missouri,  Vol.  11,  p.  114. 

•'See  below,  p.  876. 


CONSTITUTIONAL  CONVENTION,   1875         27 

to  revenue  and  taxation  were  now  added.  These  two 
articles  account  for  about  one-third  of  the  increase  over  the 
Constitution  of  1865.  There  was  a  considerable  decrease 
in  the  size  of  the  article  dealing  with  suffrage  and  elections 
which  was  more  than  offset  by  increases  in  the  articles  deal- 
ing with  the  judiciary,  education,  corporations  and  militia. 
The  greatest  increase,  however,  is  found  in  the  article  on 
the  Legislative  Department,  which  expanded  more  than 
200  per  cent.  As  the  provisions  in  the  articles  on  counties, 
cities  and  towns,  revenue  and  taxation,  and  the  other  articles 
indicated  above  are  in  effect  almost  entirely  limitations 
upon  legislative  power  it  may  be  concluded  that  the  expan- 
sion in  the  size  of  the  Constitution  was  due  to  a  growing 
lack  of  confidence  in  the  Legislature  and  to  the  desire  of 
the  people  to  regulate  matters  for  themselves.  Each  of 
these  causes  would  lead  to  the  placing  of  restrictions  upon 
the  Legislature,  the  former  in  a  positive  form  while  the 
latter  would  result  in  placing  in  the  Constitution  regulations 
in  detail  which  would  constitute  a  check  upon  legislative 
action  regarding  such  matters. 

There  is  plenty  of  evidence  that  there  had  developed 
a  lack  of  confidence  in  the  Legislature.  This  was  mani- 
fested by  provisions  in  the  Constitution  of  1865  and  con- 
stitutional amendments  adopted  from  time  to  time  as  well 
as  in  messages  of  Governors  McClurg,  Brown,  Woodson  and 
Hardin. ^^  Among  the  most  important  causes  for  this 
popular  distrust  was  the  abuse  of  the  power  of  special  legis- 
lation and  the  policy  of  authorizing  State  and  local  aid  for 
railroads.  As  a  result  of  the  latter  the  State  as  well  as 
counties,  townships,  cities, and  other  local  subdivisions  had 
incurred  large  debts  with  resulting  increase  of  taxes.  The 
Civil  War  and  later  the  panic  of  1873  had  increased  the 
difficulties  of  the  situation  and  had  caused  serious  embar- 
rassment in  State  and  local  finances. ^^  The  members  of 
the  Constitutional  Convention  had  personal  experience  with 


•'Senate  Journals;  1871,  pp.  19,  20;  1873,  p.  27;  1874,  p.  17;  1875,  pp.  27,  40. 
••Million,  State  Aid  to  Railways  in  Missouri. 


28  JOURNAL  OF  THE  MISSOURI 

these  conditions  and  their  constituents  were  demanding 
relief  and  safeguards  for  the  future.  As  a  result  the  Con- 
stitution of  1875  was  distinguished  for  possessing  greater 
restrictions  upon  legislative  power  than  any  of  its  con- 
temporaries in  other  states  and  today  there  are  few  state 
constitutions  which  can  compare  with  the  strictness  of  its 
provisions.^'*" 

Some  members  of  the  Convention  wished  to  change  the 
prevailing  rule  of  interpretation  of  the  powers  of  the  Legisla- 
ture by  providing  that  the  General  Assembly  should  have 
only  such  powers  as  are  granted  to  it.^"^  While  this  extreme 
position  was  not  adopted,  the  prevailing  tendency  is  shown 
by  the  fact  that  in  drafting  the  article  on  the  Legislature 
the  Convention  set  off  sections  43  to  56  inclusive  under  the 
specific  title,  "Limitation  of  Legislative  Power."  As  pre- 
viously indicated,  however,  important  limitations  upon 
legislative  power  are  contained  in  other  articles. 

In  considering  the  restrictions  upon  the  Legislature 
introduced  by  the  Constitution  of  1875,  it  is  natural  to  begin 
with  financial  limitations  as  these  were  the  most  striking 
and  of  greatest  significance.  In  the  endeavor  to  prevent 
the  impairment  of  public  credit  through  the  creation  of 
large  debts,  the  Convention  did  not  follow  the  policy  adopted 
in  1859^"^  of  fixing  a  maximum  but  returned  to  the  plan  pro- 
posed in  the  Constitution  of  1845,'*'^  increasing  the  amount 
of  debt  which  could  be  incurred  from  the  $25,000  proposed 
in  1845  to  |250,000,  but  requiring  for  any  debt  in  excess  of 
this  amount  the  consent  of  two-thirds  of  the  voters  instead 
of  a  mere  majority  as  under  the  earlier  plan.^°*  The  same 
general  plan  was  followed  as  regards  counties,  cities,  school 


""ODry,  The  Article  on  the  Legislature  in  the  Missouri  Constitution  of  1875.  Manu- 
script in  Library  of  University  of  Missouri.  This  graduate  dissertation  is  a  study  of 
the  evolution  of  the  Article  on  the  Legislature  in  the  Constitutional  Convention  of 
1875,  and  includes  a  comparison  of  its  provisions  with  those  of  similar  articles  in  the 
Constitutions  of  1820  and  1865  and  in  contemporary  constitutions  in  other  American 
states. 

lO'Ibid..  pp.  121-123;  see  below,  p.  175. 

'«Ante,  p.  17. 

■"'Ante,  p.  17. 

^Constitution,  1875,  Art.  IV.  Sec.  44. 


CONSTITUTIONAL  CONVENTION,   1875         29 

districts  and  other  subdivisions.  No  debt  could  be  in- 
curred in  any  year  in  excess  of  the  revenue  for  such  year  with- 
out the  consent  of  two-thirds  of  the  voters,  but  there  was 
the  further  important  restriction  that  even  with  suth  con- 
sent the  total  debt  of  any  such  locality  should  not  exceed 
five  per  cent  of  the  value  of  the  taxable  property  of  such 
district,  except  for  the  erection  of  a  court  house  or  jail.^'^'' 
It  was  also  required  that  in  all  such  cases  provision  must  be 
made  for  a  tax  sufficient  to  pay  the  interest  and  to  retire  the 
principal  within  thirteen  years  in  the  case  of  the  State  and 
within  twenty  years  in  other  cases.  There  was  also  retained 
the  provision  of  the  Constitution  of  ISeS^*^^  prohibiting  the 
giving,  loaning,  or  pledging  of  the  credit  of  the  State  in  aid 
of  any  person  or  corporation^"^  and  counties  and  other  local 
subdivisions  were  now  subject  to  a  similar  requirement,^"^ 
instead  of  being  permitted  to  do  this  with  the  consent  of  the 
voters  as  in  1865.^"^ 

The  power  of  raising  revenue  by  taxation  was  also 
seriously  restricted.  The  Constitution  of  1865  provided 
that  no  property  should  be  exempt  from  taxation  except 
that  used  exclusively  for  public  schools,  and  that  belonging 
to  the  United  States,  the  State  and  local  subdivisions.^^" 
Aside  from  this  provision  the  Constitutions  of  1820  and  1865 
left  the  Legislature  entirely  free  in  establishing  the  system 
of  taxation.  While  the  Constitution  of  1875  modified  the 
above  restriction  by  permitting  the  Legislature  to  enact 
general  laws  exempting  a  limited  amount  of  property  from 
taxation  when  used  exclusively  for  educational,  religious  or 
charitable  purposes, ^^^  it  went  much  further  in  the  other 
direction  and  imposed  restrictions  upon  the  power  of  the 
Legislature  to  determine  the  kind  and  rate  of  taxation  and 
its  method  of  assessment  and  apportionment  for  State  and 


i»6Ibid.,  Art.  X,  Sec.  12. 

iD'Ante,  p.  23. 

lo'Constitution,  1875,  Art.  IV,  Sec.  45. 

i»sibid..  Sec.  47. 

i»9Ante,  p.  23. 

""Constitution,  1865,  Art.  XI,  Sec.  16. 

J'lConstitution,  1875,  Art.  X,  Sec.  6. 


30  JOURNAL  OF  THE  MISSOURI 

local  purposes.  The  general  property  tax  system  had  been 
established  for  many  years  as  a  result  of  legislative  enactment, 
but  the  provisions  of  Article  X  of  the  Constitution  of  1875 
made  this  system  compulsory  upon  the  Legislature.  As  the 
evil  results  of  uncontrolled  local  assessments  had  made  them- 
selves manifest,  the  Constitution  provided  for  a  State  Board 
of  Equalization. ^^2  Unfortunately,  however,  by  providing 
that  this  board  should  consist  of  the  Governor,  State  Auditor, 
Treasurer,  Secretary  of  State  and  Attorney-General,  the 
Constitution  prevented  the  Legislature  from  establishing 
an  efficient  central  control  over  the  local  assessing  officials. 
A  low  maximum  tax  rate  was  fixed  for  State  purposes,*^^ 
and  local  authorities  in  counties,  cities  and  towns  and 
schools  were  limited  by  the  establishment  of  similar  maxi- 
mum rates. ^^^  The  latter  rates  could  be  increased  for  the 
purpose  of  erecting  public  buildings  when  approved  by  two- 
thirds  of  the  voters  and  for  general  school  purposes  a  higher 
rate,  not  exceeding  a  second  maximum,  could  be  voted  by  a 
majority  of  the  taxpaying  voters. ^^^  As  these  maximum 
rates  were  not  established  on  any  logical  basis,  serious  in- 
convenience and  hardship  have  resulted  from  their  operation. 
T  lus,  for  example,  the  maximum  rate  for  State  purposes 
was  fixed  at  twenty  cents  on  the  hundred  dollars  valuation 
of  property  but  it  was  provided  that  when  the  taxable 
property  of  the  State  amounted  to  nine  hundred  million 
dollars  the  rate  should  not  exceed  fifteen  cents.  When  in 
1892  it  became  necessary  to  reduce  the  rate  to  fifteen  cents 
because  the  valuation  exceeded  nine  hundred  million  there 
was  an  actual  loss  in  State  revenue  from  this  source  of  nearly 
four  hundred  thousand  dollars  for  that  year.^^^  The  rates 
for  local  purposes  were  even  more  illogical  and  arbitrary. 
In  the  case  of  counties  they  varied  according  to  assessed 
value,  in  some  cases  increasing  and  in  others  decreasing  with 


mlbid  .  Sec.  18. 

"»Ibid..  Art.  X,  Sec.  8. 

'"Ibid.,  Art.  X.  Sec   11. 

"'Ibid. 

"•Report,  State  Auditor,  1891-92,  p.  21. 


CONSTITUTIONAL  CONVENTION,   1875         31 

an  increase  in  the  valuation.  In  cities  the  basis  was  popula- 
tion and  here  the  arrangement  was  more  scientific  as  the 
rates  uniformly  increased  with  increase  in  population.  There 
was  a  flat  rate  of  forty  cents  for  school  purposes  in  all  dis- 
tricts but  this  could  be  increased  in  the  manner  indicated 
above  to  one  dollar  in  town  and  city  school  districts, 
while  without  any  rational  basis  of  distinction,  rural 
school  districts  were  restricted  to  sixty-five  cents. 

The  legislative  power  of  apportioning  taxes  was  re- 
stricted by  provisions  requiring  all  property  to  be  taxed  in 
proportion  to  its  value, ^^^  and  establishing  the  rule  of  uni- 
formity as  regards  the  same  class  of  subjects  within  the 
territorial  limits  of  the  taxing  authority. 

The  Constitution  likewise  limited  the  legislative  power 
to  control  expenditures.  Both  of  the  previous  Constitu- 
tions had  provided  that  no  money  should  be  paid  out  of  the 
treasury  except  as  appropriated  by  law,^^^  and  an  amend- 
ment adopted  in  1870  had  prohibited  any  appropriation  or 
donation  by  the  State  or  localities  in  aid  of  any  religious 
purpose  or  organization."'^  The  Constituti  )n  of  1875  not 
only  continued  these  restrictions,i2o  j^  i  added  others  of 
importance.  The  order  in  which  appropriations  should 
be  made  was  set  forth  under  seven  heads,  the  last  including 
appropriation  for  the  pay  of  the  General  Assembly  with 
the  evident  purpose  of  insuring  that  none  of  the  preceding 
items  would  be  omitted  or  overlooked  before  adjourn- 
ment.^^i  Yhe  third  item  of  appropriation  was  for  free  pub- 
lic school  purposes.  The  Constitution  also  provided  that 
not  less  than  25  per  cent  of  the  State  revenue,  exclusive  of 
the  interest  and  sinking  funds,  should  be  set  aside  annually 
for  the  support  of  public  schools. ^-^  The  Legislature  was 
also  forbidden  to  give  or  to  authorize  any  county  or  other 


^'Constitution,  1875,  Art.  X,  Sec.  4. 

"sconstitution,  1820,  Art.  Ill,  Sec.  31;  Constitution,  1865,  Art.  XI,  Sec.  6. 

ii'Laws,  1870,  p.  501. 

i20Constitution,  1875,  Art.  IV,  Sec.  43;  Art.  XI,  Sec.  11. 

i2ilbid..  Art.  IV,  Sec.  43. 

i22lbid..  Art.  XI,  Sec.  7. 


32  JOURNAL  OF  THE  MISSOURI 

locality  to  give  public  money  or  thing  of  value  to  any  in- 
dividual or  corporation  except  in  case  of  public  calamity. '^^ 

Second  in  importance  only  to  the  financial  limitations 
were  the  restrictions  upon  special  legislation.  As  previously 
indicated, ^-^  this  power  of  the  Legislature  had  been  abused, 
with  the  result  that  the  Constitution  of  18C5  prohibited  its 
exercise  in  thirteen  classes  of  cases  and  undertook  to  prevent 
it  in  all  cases  in  which  a  general  law  could  be  made  applicable. 
While  the  prohibition  prevented  special  legislation  in  the 
cases  enumerated,  the  latter  provision  was  not  efTective  as 
the  Legislature  could  determine  the  question  of  applica- 
bility. Llence  the  evil  continued  during  the  next  decade, 
the  percentage  of  local  and  special  acts  exceeding  that  of 
public  general  laws.^^^ 

The  members  of  the  Constitutional  Convention  of  1875 
were  well  aware  of  the  extent  and  evils  of  special  legislation 
and  they  proceeded  to  adopt  efTective  limitations.  In  the 
first  place  the  number  of  cases  in  which  the  Legislature  was 
absolutely  forbidden  to  enact  special  laws  was  increased  to 
thirty-two. 126  jj^  ^^g  next  place  while  the  Constitution  of 
1865  was  followed  in  forbidding  special  legislation  in  all  cases 
where  a  general  law  could  be  made  applicable,  the  entire 
matter  of  applicability  was  expressly  made  a  judicial  ques- 
tion to  be  "judicially  determined  without  regard  to  any 
legislative  assertion  on  that  subject."'"  While  the  Legisla- 
ture retained  the  power  of  repealing  existing  special  laws  it 
was  forbidden  to  indirectly  enact  a  special  law  by  the  par- 
tial repeal  of  a  general  law.'-^  Finally,  for  the  cases  outside 
of  the  enumerated  classes  where  a  general  law  could  not  be 
made  applicable,  the  Legislature's  power  to  enact  a  special 
law  was  restricted  by  a  provision  requiring  publicity  of  the 
proposed  measure  for  thirty  days  prior  to  its  introduction 


'"Ibid.,  Sec.  46,  47. 
""Ante,  p.  22. 

'26See  table  in  Harper,  Local  and  Special  Legislation  in  Missouri, Manuscript  in 
Library  of  University  of  Missouri. 

"'Constitution,  1875,  Art.  IV.  Sec.  53. 

>"Ibid. 

•"Ibid. 


CONSTITUTIONAL  CONVENTION,   1875         33 

as  a  bill. ^29  The  effectiveness  of  these  restrictions  is  shown 
in  the  great  reduction  in  the  mass  of  legislation  following 
the  inauguration  of  the  Constitution  of  1875.  The  average 
number  of  pages  in  the  session  acts  of  a  General  Assembly 
during  the  decade  after  the  adoption  of  the  Constitution 
was  only  275  as  compared  with  769  during  the  preceding 
ten  years. ^^° 

Among  the  matters  concerning  which  the  Legislature 
was  forbidden  to  enact  special  laws  there  were  a  number 
affecting  counties,  cities,  townships,  etc.  The  subject  of 
local  government,  moreover,  had  assumed  so  much  import- 
ance that  a  separate  article  was  devoted  to  counties,  cities 
and  towns,  and  the  Legislature's  power  in  the  field  was  cor- 
respondingly reduced.  Provisions  which  already  existed 
regarding  changes  in  the  size  of  counties  and  removal  of 
county  seats  were  continued  and  amplified. ^^^  While  the 
Constitution  did  not  undertake  to  regulate  county  organiza- 
tion in  detail,  it  provided  as  did  the  Constitutions  of  1820 
and  1865  for  the  election  of  a  sheriff  and  coroner  in  each 
county. ^'2  Provision  was  also  made  for  a  county  court  to 
transact  county  business^^^  and  express  constitutional  autho- 
rization was  given  for  a  township  organization  law  which 
could  be  adopted  by  the  voters  of  any  county. ^^*  While 
the  Constitution  forbade  special  legislation  regarding  cities, 
it  did  not  make  a  single  uniform  organization  necessary. 
The  Legislature  was  authorized  to  classify  cities  in  not  ex- 
ceeding four  groups  and  to  make  provisions  by  general 
law  so  that  the  cities  in  each  class  would  possess  the  same 
powers. 1^^ 

It  is  interesting  to  note,  moreover,  that  despite  the  re- 
strictions upon  special  legislation,  the  Constitution  recog- 
nized the  necessity  for  it  in  the  case  of  large  cities  but  left  such 


i2»Constitution,  1875,  Art.  IV,  Sec.  54. 

""Harper,  Local  and  Special  Legislation  in  Missouri. 

isiConstitution,  1875,  Art.  IX,   Sees.  2-5. 

"2Ibid.,  Sees.  10,  11. 

»3Constitution,  1875,  Art.  VI,  Sec.  36. 

"4Ibid.,  Art.  IX,  Sees.  8,  9. 

"6lbid.,  Sec.  7. 


34  JOURNAL  OF  THE  MISSOURI 

power  in  the  hands  of  the  voters  of  the  city.  This  was  done 
through  the  invention  of  the  "home  rule  charter"  provision. 
While  this  was  introduced  for  the  benefit  of  St.  Louis,^" 
similar  sections  were  adopted  for  any  city  with  more  than 
one  hundred  thousand  inhabitants.'" 

Under  these  provisions  the  voters  of  the  city  may  elect 
a  board  to  draft  a  charter  subject  to  certain  constitutional  re- 
strictions and  if  this  charter  is  later  ratified  by  the  voters  it 
bee  )mes  the  organic  law  of  the  city.  While  the  "home  rule" 
provisions  do  not  entirely  exempt  the  cities  from  control  by 
the  Legislature/^^  they  give  them  much  greater  freedom  in 
determining  their  organization  and  activities  and  are  justly 
regarded  as  a  valuable  c)ntribution  to  the  betterment  of 
city  government  not  only  in  Missouri  but  in  many  other 
states. '^^  It  should  finally  be  noted  in  this  connection 
that  the  provisions  of  the  Constitution  regarding  St.  Louis 
authorized  the  separation  of  the  city  from  the  county  and 
provided  that  after  such  separation  the  city  for  purposes  of 
representation  in  the  Legislature,  collection  of  State  revenue, 
and  all  other  functions  in  relation  to  the  State,  should  be 
treated  in  the  same  maaner  as  if  it  were  a  county.'^" 

Before  leaving  the  subject  of  limitations  upon  the 
Legislature  it  is  desirable  to  note  the  introduction  in  the 
Constitution  of  1875  of  numerous  provisions  restricting 
legislative  procedure.  A  few  regulations  of  this  nature 
appeared  in  the  Constitution  of  1820  and  these  were  ex- 
panded in  1865.  In  1875,  however,  the  subject  was  con- 
sidered so  important  that  nineteen  sections  of  the  legislative 
article  were  grouped  under  the  title  "Legislative  Proceed- 
ings."^^^  These  included  the  restrictions  which  had  appear- 
ed in  previous  constitutions  with  significant  changes  and 
additions,  all  indicating  distrust  of  the  Legislature  and  desire 


"•Ibid..  Sees.  20-25. 
"'Ibid..  Sees.  16,  17. 

"'See  for  a  discussion  of  the  decisions  of  the  Supremo  Court  on  this  point.  Harper, 
Local  and  Special  Legislation  in  Missouri. 

"•.See  Mcliain,  Law  and  Practice  of  Municipal  Home  Rule. 
""Constitution,  187.5,  Art.  IX,  Sees.  20-25. 
"'Constitution,  1875,  Art.  IV,  Sees.  24-42. 


CONSTITUTIONAL  CONVENTION,   1875         35 

to  establish  safeguards  against  hasty  and  ill  considered 
legislation.  It  was  specifically  provided  that  no  law  should 
be  passed  except  by  bilP^^  which  must  be  reported  upon  by 
a  committee,  printed  and  read  on  three  different  days  in 
each  house. ^*^  The  proviso  in  former  Constitutions^*''  giv- 
ing each  house  by  a  two-thirds  vote  the  power  to  suspend  the 
latter  rule  was  now  omitted.  The  requirement  for  an 
absolute  majority  on  a  yea  and  nay  vote  for  the  passage  of 
bills,  introduced  in  1865^*^  was  retained, ^^^  and  the  same 
rule  was  now  applied  to  the  approval  by  one  house  of  amend- 
ments to  its  bills  which  have  been  adopted  by  the  other  and 
to  the  adoption  of  reports  of  conference  committees.^'*' 

As  in  1845  and  1865,  the  most  important  question 
relating  to  the  organization  of  the  Legislature  was  that  of 
the  basis  of  representation  in  the  lower  House.  The  pro- 
posals submitted  by  members  of  the  Convention  ranged 
from  that  of  representation  proportional  to  population  as  in 
the  Senate,  to  that  of  one  Representative  for  each  county, 
regardless  of  its  size.^*^  The  St.  Louis  members  naturally 
favored  the  former  plan,  but  as  they  recognized  that  it  was 
hopeless,  they  concentrated  their  strength  upon  the  demand 
for  a  reduction  in  the  number  of  ratios  required  for  additional 
Representatives.  While  they  were  not  completely  success- 
ful in  their  efforts  and  insisted  upon  presenting  a  minority 
report,  the  plan  recommended  by  the  committee  and  adopted 
by  the  Convention  was  more  favorable  to  the  larger  counties 
than  that  contained  in  the  Constitution  of  1865. ^^^ 

The  ratio  was  determined  in  the  same  manner,  by  divid- 
ing the  population  of  the  State  by  two  hundred. ^^^  As 
before,  each  county  with  one  ratio  or  less  was  to  have  one 
Representative.     However,  instead  of  two  additional  ratios 

'"Ibid.,  Sec.  25. 
'"Ibid.,  Sees.  26.  27. 

"♦Constitution,  1820.  Art.  Ill,  Sec.  21;  Constitution,  1865.  Art.  IX.  Sec.  23. 
'"Constitution,  1865,  Art.  IV.  Sec.  24. 
'"Constitution,  1875,  Art.  IV.  Sec.  31. 
'"Ibid.,  Sec.  32. 

'«8Dry,  The  Article  on  the  Legislature  in  the  Missouri  Constitution  of  1875,  pp.  11- 
35,  Manuscript  in  Library  of  University  of  Missouri. 
'"Constitution,  1865,  Art.  IV,  Sec.  2. 
'soConstitution.  1875.  Art.  IV.  Sec.  2. 


36  JOURNAL  OF  THE  MISSOURI 

for  the  second  Representative  and  three  additional  ratios 
for  each  additional  Representative,  as  fixed  in  the  Constitu- 
tion of  1865,  it  was  now  provided  that  one  and  one-half 
additional  ratios  should  be  sufficient  for  the  second  Repre- 
sentative, the  same  number  for  the  third,  two  additional 
ratios  for  the  fourth  and  two  and  one-half  additional  ratios 
for  each  additional  Representative  in  excess  of  four.^^^ 
Under  the  plan  adopted  it  was  estimated  that  the  larger 
counties  would  receive  twelve  additional  Representatives 
and  that  of  these  St.  Louis  county,  including  the  city  of  St. 
Louis,  would  receive  three. ^^^  While  the  new  system  was 
not  nearly  so  favorable  to  the  more  populous  counties  as 
the  provision  in  the  proposed  Constitution  of  1845, ^^^  it  was 
less  discriminating  than  the  plan  included  in  the  amend- 
ment of  1849,^^*  and  marked  a  distinct  advance  over  the 
provisions  in  the  constitution  of  1865.^^^ 

The  single  ticket  plan  of  representation  introduced  in 
1865  was  retained,  though  provision  was  made  that  when  any 
county  was  entitled  to  more  than  ten  representatives  the 
circuit  court  should  divide  the  county  into  districts  so  as  to 
give  each  district  not  less  than  two,  nor  more  than  four 
Representatives. ^^^  No  change  was  made  in  the  apportion- 
ment of  Senators  but,  as  a  check  upon  gerrymandering,  it 
was  provided  that  the  districts  should  be  "as  nearly  equal 
in  population  as  may  be,"^"  and  that  in  districts  containing 
two  or  more  counties  the  latter  should  be  contiguous,  the 
districts  as  compact  as  may  be,  and  in  the  formation  of  the 
same  no  county  should  be  divided. ^'^^  Moreover,  as  the 
Legislature  after  the  census  of  1870  had  failed  to  redistrict 
the  State,  it  was  now  provided  that  in  the  event  that  the 
Legislature  should  fail  or  refuse  to  divide  the  State  into 


»ilbid. 

>"See  below,  p.  877. 

i"Ante,  p.  15. 

'"Ante,  p.  16. 

i«Ante,  p.  23. 

"'Constitution,  1875,  Art.  IV,  Sec.  3. 

"'Ibid.,  Sec.  5. 

"sibid..  Sec.  9. 


CONSTITUTIONAL  CONVENTION,   1875        37 

senatorial  districts  after  each  decennial  census,  such  duty 
should  be  performed  by  the  Governor,  Secretary  of  State 
and  Attorney-General. 1^^ 

As  a  result  of  the  tendency  of  the  Legislature  to  hold 
adjourned  sessions,  the  rule  of  annual  sessions  had  practi- 
cally been  introduced.  This  was  now  prevented  by  the 
provisions  that  the  General  Assembly  should  meet  in 
regular  session  once  only  in  every  two  years,^^"  and  that  any 
adjournment  or  recess  for  more  than  three  days  should 
constitute  an  adjournment  sine  die.^^^  Additional  evidence 
of  a  prevailing  belief  that  there  was  too  much  legislation  is 
found  in  the  adoption  of  a  plan  for  restricting  the  length  of 
the  session  which  was  introduced  by  the  amendment  of 
1849  but  abolished  again  in  1857. ^^^  As  reintroduced  in  the 
Constitution  of  1875,  it  fixes  a  maximum  compensation  of 
five  dollars  a  day  for  members  of  the  Legislature  with  the 
provision  that  after  the  first  seventy  days  of  the  session  this 
shall  be  reduced  to  one  dollar  except  that  in  a  revising  session 
the  reduction  does  not  take  effect  until  after  the  first  one 
hundred  and  twenty  days  of  the  session. ^^^  Compensation 
for  mileage,  stationery,  etc.,  was  also  strictly  regulated. ^^^ 

The   tendency  to  restrict  the   Legislature   manifested 
itself  also  in  the  form  of  increased  power  for  the  Executive. 
The  number  required  to  overcome  the  Governor's  veto  was 
now  increased  from  the  majority  required  under  previous 
constitutions  to  two  thirds  of  all  the  members  elected  to 
each  house. ^^^     Moreover,  the  content  of   the   power    was 
enlarged  by  giving  the  Governor  authority  to  veto  specific 
items  in  appropriation  bills, ^^^     Finally,  recognition  of   the 
fact  that  there  is  a  great  congestion  of  bills  at  the  close  of 
a  session  resulted  in  giving  the  Governor  thirty  days  within 


"•Ibid.,  Sec.  7. 

»6»Ibid..  Sec.  20. 

i"Ibid.,  Sec.  21. 

>»2Ante,  p.  17. 

"'Constitution.  1875,  Art.  IV.,  Sec.  16. 

i"Ibid. 

"5Ibid.,  Sec.  39. 

"'Constitution,  1875,  Art.  V,  Sec.  13. 


38  JOURNAL  OF  THE  MISSOURI 

which  to  approve  or  disapprove  any  measure  presented  to 
him  within  ten  days  of  the  adjournment  of  the  Legislature.^®^ 
The  provision  of  the  Constitution  of  1865  preventing  the 
Legislature  in  special  session  from  acting  upon  any  matter 
not  included  in  the  Governor's  proclamation^®^  was  retained 
with  the  addition  that  the  Governor  could  recommend 
other  matters  by  special  message  after  the  Legislature  had 
convened. ^®^  In  addition  to  the  requirement  existing  in 
previous  Constitutions,  that  the  Governor  should  recom- 
mend measures  to  the  Legislature,  there  now  appeared  the 
provision  that  at  the  beginning  of  each  regular  session  he 
should  present  estimates  of  the  amount  of  money  required 
to  be  raised  by  taxation  of  all  purposes. ^^^  This  provision 
taken  in  connection  with  the  Governor's  power  to  veto 
specific  items  in  appropriation  bills,  appears  to  contain  the 
germ  of  an  executive  budget  system. 

The  organization  of  the  Executive  Department  was 
not  materially  changed.  The  two-year  term  for  elective 
State  executive  officials  introduced  in  1865  for  all  except 
the  Superintendent  of  Schools, ^^^  was  now  abandoned  and 
the  four-year  term  of  the  Constitution  of  1820  restored,  the 
Governor  and  Treasurer  being  ineligible  to  re-election  as 
their  own  successors. ^'^  a  number  of  ex-officio  boards  were 
provided  including  the  State  Board  of  Equalization, ^^  and 
Board  of  Education, ^^^  which  had  been  created  in  1865.^" 

There  was  no  important  change  made  in  the  organiza- 
tion of  the  Supreme  or  circuit  courts  but  the  congested 
docket  of  the  former  led  to  the  creation  of  the  St.  Louis 
Court  of  Appeals  which  it  was  hoped  would  dispose  finally 
of  many  cases  and  thereby  relieve  the  Supreme  Court. 
This  court  was  limited  in  its  jurisdiction  to  the  City  of  St. 


"'Ibid..  Sec.  12. 

'"Constitution  of  186.5,  Art.  V.  Sec.  7. 

'"Constitution,  187,5,  Art.  IV,  Sec.  55. 

""Ibid.,  Sec.  10. 

"'Ante.  p.  24. 

'"Constitution,  1875,  Art.  V.  Sec.  2. 

"»Ibid.,  Art.  X.  Sec.  18. 

"♦Ibid..  Art.  XI,  Sec.  4. 

'"Constitution,  1865.  Art.  IX.  Sec.  3. 


CONSTITUTIONAL  CONVENTION,  1875        39 

Louis  and  the  counties  of  St.  Louis,  St.  Charles,  Lincoln 
and  Warren,  and  it  was  to  consist  of  three  judges  elected 
for  terms  of  twelve  years  by  the  voters  of  the  city  and  coun- 
ties named. ^^'^  The  provisions  of  previous  constitutions 
which  required  the  Supreme  Court  to  be  held  in  different 
districts  of  the  State^^^  were  now  eliminated  and  all  of  its 
terms  were  to  be  held  at  the  State  capitol.^^^  A  section  of 
the  Constitution  of  1865  which  required  the  Supreme  Court 
to  give  its  opinion  upon  questions  of  constitutional  law, 
when  required  by  the  Governor  or  either  house  of  the  Legis- 
lature,*'^ was  also  omitted  at  this  time. 

The  Constitution  of  1865  had  introduced  into  the  dec- 
laration of  rights,  provisions  enabling  property  to  be  for- 
feited for  treason,*^''  restricting  the  amount  of  land  which 
could  be  held  by  religious  corporations, ^^^  and  declaring  void 
gifts  and  transfers  to  them  or  for  their  benefit. ^^^  These 
provisions  had  aroused  considerable  hostility  and  they  were 
eliminated  by  the  Constitutional  Convention  of  1875.  It 
was  also  provided  that  a  grand  jury  should  consist  of  twelve 
men  of  whom  nine  could  fmd  an  indictment  and  that  in 
courts  not  of  record  a  jury  could  consist  of  less  than  twelve*^'. 

Suffrage  as  defined  in  the  Constitution  of  1875*^*  was 
not  materially  different  from  that  of  the  Constitution  of 
1865  after  the  adoption  of  the  amendments  of  1870.*^^  The 
one  important  exception  was  the  failure  to  include  the 
educational  qualification  of  the  Constitution  of  1865,'^^ 
which  was  not  to  become  effective  until  January  1,  1876, 
and  hence  never  came  into  operation.  Some  changes  were 
made  regarding  registration.  It  will  be  recalled  that  the 
general  registration  which  was   associated  with  the  "iron 


I'sconstitution,  1875,  Art.  VI,  Sees.  12,  13. 

i"Constitution,  1820,  Art.  V,  Sec.  5;  Constitution,  1865,  Art.  VI,  Sec.  5. 

i"Constitution,  1875,  Art.  VI,  Sec.  9. 

"nConstitution,  1865,  Art.  VI,  Sec.  11. 

isoConstitution,  1865,  Art.  I,  Sec.  26. 

'"Ibid.,  Sec.  12. 

"2lbid.,  Sec.  13. 

"'Constitution,  1875,  Art.  II,  Sec.  28. 

i8«Ibid.,  Art.  VIII,  Sec.  2. 

185 Ante,  p.  21. 

"'Constitution,  1865.  Art.  II,  Sec.  19. 


40  JOURNAL  OF  THE  MISSOURI 

clad  oath"  was  unpopular  and  had  been  abolished  in  1873 
when  the  Legislature  was  given  authority  to  provide  for 
registration  only  in  cities  with  more  than  ten  thousand  in- 
habitants.^" The  hostility  still  continued  and  the  Consti- 
tution, while  requiring  the  Legislature  to  enact  registration 
laws  for  all  cities  and  counties  having  more  than  one  hun- 
dred thousand  inhabitants,  did  not  permit  it  to  do  this  for 
any  city  which  did  not  contain  more  than  twenty-five  thous- 
and population. ^**^ 

It  has  already  been  pointed  out^^^  that  the  Constitu- 
tion required  the  Legislature  to  appropriate  not  less  than 
25  per  cent  of  the  general  revenue  of  the  State  for  the  sup- 
port of  public  schools.  This  marked  a  great  advance  in  the 
development  of  the  principle  that  public  education  was  a 
matter  of  State  as  well  as  local  concern.  While  the  other 
provisions  of  the  article  on  education  followed  the  general 
model  of  the  Constitution  of  1865,  some  features  were  less 
progressive  in  character.  Thus,  for  example,  the  age  for 
free  public  school  instruction,  established  by  the  Constitu- 
tion of  1865,  between  five  and  twenty-one  years,^^"  was 
changed  in  1875  to  between  six  and  twenty  years. ^^^  The 
former  Constitution  contained  a  provision  expressly  author- 
izing the  Legislature  to  enact  a  limited  compulsory  education 
Iawi^2  ly^i  ii^[^  ^y^s  not  included  in  the  Constitution  of  1875. 
The  Constitution  of  1865  required  the  Legislature,  so  far  as 
possible,  to  incorporate  all  local  school  funds  into  the  State 
public  school  fund  and  in  distributing  the  annual  income  of 
the  latter  to  take  into  consideration  local  funds  so  as  to 
"equalize  the  amount  appropriated  for  common  schools 
throughout  the  state. "^^^  xhe  Constitution  of  1875,  on  the 
other  hand,  expressly  recognized  the  county  school  funds 
and  provided  that  the  income  therefrom  should  be  appro- 


JS'Ante,  p.  21. 

"88Constitution,  1875.  Art.  VIII,  Sec.  5. 

'"Ante,  p.  31. 

■•oConstitution,  186.5,  Art.  IX,  Sec.  1. 

'•'Constitution.  1875,  Art.  XI.  Sec.  1. 

'"Constitution,  1865,  Art.  IX,  Sec.  7. 

'"Ibid.,  Sec.  9. 


CONSTITUTIONAL  CONVENTION,   1875         41 

priated  for  free  public  schools  in  the  several  counties. ^^^ 
While  the  Constitution  of  1865  permitted  the  establishment 
of  separate  schools  for  children  of  African  descent,  ^^^  the 
Constitution  of  1875  made  this  obligatory. ^^^  Both  Consti- 
tutions provided  for  the  State  University,  the  Constitution 
of  1875  vesting  its  government  in  a  board  of  nine  curators 
appointed  by  the  Governor  with  the  consent  of  the  Senate. ^^^ 
The  article  on  corporations  was  of  much  greater  sig- 
nificance than  in  the  other  Constitutions.  The  Constitu- 
tion of  1820  was  concerned  only  with  banking  corporations. ^^^ 
The  Constitution  of  1865  prohibited  the  giving  to  banks  the 
privilege  of  issuing  bank  notes  and  required  the  enactment 
of  laws  to  enable  existing  banks  of  issue  to  reorganize  as 
national  banks. ^^^  It  also  contained  a  few  sections  relating 
to  corporations  in  general.  In  the  Constitution  of  1875, 
however,  the  greater  part  of  the  article  on  corporations  is 
devoted  to  railroads,  thirteen  of  the  twenty-seven  sections 
relating  to  this  subject.  Railroads  were  declared  public 
highways  and  railroad  companies  common  carriers  and  the 
Legislature  was  authorized  to  fix  reasonable  maximum 
rates  and  to  pass  laws  to  prevent  discrimination  and  to  cor- 
rect abuses. 2*^°  Railroads  were  forbidden  to  give  passes  to 
any  State,  county  or  municipal  officers  and  the  latter  were 
forbidden  to  accept  such  passes  under  penalty  of  forfeiture 
of  office. 2"^  The  prohibition  upon  the  creation  of  corpora- 
tions by  special  act  had  been  introduced  in  1865.202  \^  ^ 
check  upon  the  creation  of  corporations,  a  fee  of  fifty  dollars 
was  required  for  the  first  fifty  thousand  dollars  or  less  of 
capital  stock  and  a  further  sum  of  five  dollars  for  each 
additional  ten  thousand  dollars  of  stock. ^o^     State  participa- 


I'lConstitution,  1875,  Art.  XI,  Sec.  8. 
i»6Constitution,  1865,  Art.  IX,  Sec.  2. 
1  "Constitution,  1875,  Art.  XI,  Sec.  3. 

'"Constitution,  1865,  Art.  IX,  Sec.  4;  Constitution,  1875,  Art.  XI,  Sec.  5. 
I'sAnte,  p.  9. 

'•'Constitution,  1865,  Art.  VIII,  Sees.  1.  3. 
so»Constitution,  1875,  Art.  XII,  Sec.  14. 
"'Ibid.,  Sec.  24. 

2i>2Constitution,  1865,  Art.  VIII,  Sec.  4;  Constitution,   1875,  Art.  IV.  Sec.  53; 
Art.  XII,  Sec.  2. 

"'Constitution,  1875,  Art.  X,  Sec.  21. 


42  JOURNAL  OF  THE  MISSOURI 

tion  in  any  bank  was  prohibited-"''  and  no  corporation  with 
banking  powers,  except  deposit  and  discount,  could  be 
created  except  with  the  approval  of  a  majority  of  the  voters 
of  the  State.  Bank  officials  were  made  civilly  and  criminally 
liable  in  case  they  received  deposits  or  created  debts  after 
they  had  knowledge  that  the  bank  was  insolvent  or  in  fail- 
ing circumstances.-"^ 

The  article  prescribing  the  mode  of  amending  the  Con- 
stitution was  not  different  in  any  essential  detail  from  the 
similar  article  in  the  Constitution  of  1865.  An  amendment 
could  be  proposed  by  an  absolute  majority  in  each  house,  and 
ratified  at  the  next  general  election  by  a  majority  of  the 
voters  voting  on  that  proposition. ^"^  Any  number  of  amend- 
ments may  be  proposed  but  each  amendment  must  be  sub- 
mitted separately.-"^  The  Legislature  was  also  authorized 
to  submit  to  the  voter  the  question  of  holding  a  Constitu- 
tional Convention.  If  a  majority  of  the  voters  on  that 
question  were  in  favor  of  a  Convention,  the  Governor  was 
required  to  order  an  election  of  two  delegates  for  each  sena- 
torial district.  The  Constitution  as  drafted  by  the  Conven- 
tion must  be  submitted  to  the  voters  at  a  special  election 
and  if  ratified  by  a  majority  it  will  become  the  Constitution 
of  the  State  at  the  end  of  thirty  days  after  such  election. ^^^ 

Constitutional  Amendments,  1875-1920, 

The  prolonged  delay  in  publishing  the  journal  of  the 
Constitutional  Convention  of  1875  makes  it  possible  to 
include  with  this  survey  of  constitutional  development  an 
account  of  the  amendments  to  the  Constitution  of  1875. 
This  should  be  of  value  as  indicating  defects  which  existed 
or  have  developed  in  that  instrument  and  the  remedies 
suggested  or  put  in  operation.     Ninety-nine  amendments 


»o»Ibid.,  Art.  XII,  Sec.  25. 

Jf'Ibid.,  Sec.  27. 

"«Ibid.,  Art.  XV.  Sec.  2. 

"'This  provision  is  construed  in  Gabbert  v.  C.  R.  I.  &  P.  Ry.  Co.,  171  Mo.  84 

>i>»Con8titution.  1875.  Art.  XV,  Sec.  3. 


CONSTITUTIONAL  CONVENTION,   1875         43 

have  been  proposed  of  which  twenty-three  have  been  approv- 
ed by  the  voters,  sixty-three  have  been  rejected  and  thirteen 
remain  to  be  acted  on  at  the  November  election  of  1920. 
Every  General  Assembly  since  1875  except  three  has  pro- 
posed one  or  more  amendments.  These  figures  become 
more  impressive  when  it  is  pointed  out  that  all  but  thirteen 
of  these  amendments  have  been  submitted  to  the  voters 
during  this  century,  an  average  of  nearly  eight  at  each 
biennial  election.  A  total  of  thirty  amendments  were  voted 
upon  at  the  three  elections  in  1910,  1912  and  1914.  Only 
three  amendments  were  submitted  in  1916  and  nine  in  1918, 
but  all  records  are  broken  by  the  thirteen  amendments 
which  will  be  presented  to  the  voters  next  November.  There 
is  here  evidenced  a  growing  conviction  that  many  of  the 
provisions  of  the  Constitution  are  no  longer  adapted  to 
present  conditions. 

The  fact  that  only  a  little  more  than  25  per  cent  of  the 
amendments  voted  upon  were  ratified  is  due  to  two  causes. 
First,  many  voters  do  not  show  much  discrimination  but 
manifest  a  strong  tendency  to  vote  the  same  way  on  all 
amendments.  Thus  at  every  election  except  in  1884,  1908 
and  1916,  all  amendments  submitted  have  been  either  all 
ratified  or  all  rejected.  At  every  election  beginning  with 
1910  an  amendment  has  been  submitted  involving  pro- 
hibition, woman  suffrage  or  the  single  tax,  to  all  of  which 
the  majority  of  the  voters  were  opposed.  The  result  has 
been  the  defeat  of  all  amendments  except  in  1916,  when 
there  were  only  three  amendments  submitted  and  an  effec- 
tive organization  succeeded  in  creating  sufficient  public 
attention  to  ratify  an  amendment  permitting  the  granting 
of  pensions  to  the  deserving  blind.  The  second  influence 
operating  to  cause  the  defeat  of  the  process  of  Constitutional 
amendment  has  been  the  growing  conviction  that  it  is  in- 
adequate to  remedy  the  defects  of  the  existing  situation;  that 
amendments  at  best  would  be  merely  palliative  and  that 
what  is  needed  is  a  general  revision  by  a  Constitutional 
Convention. 


44  JOURNAL  OF  THE  MISSOURI 

The  first  amendment  to  the  Constitution  of  1875  which 
was  ratified  by  the  voters  was  the  outgrowth  of  the  con- 
gested docket  of  the  Supreme  Court.  As  previously  indi- 
cated, this  condition  existed  in  1875  and  the  Constitutional 
Convention  sought  to  correct  it  by  creating  the  St.  Louis 
Court  of  Appeals. ^°^  In  1882,  an  amendment  increasing 
the  number  of  Judges  of  the  Supreme  Court  to  six  and  divid- 
ing the  court  into  two  divisions-^"  was  rejected  by  the  voters. 
Two  years  later  the  voters  approved  an  amendment  estab- 
lishing the  Kansas  City  Court  of  Appeals,  dividing  the 
counties  of  the  State  between  this  court  and  the  St.  Louis 
Court  of  Appeals  and  authorizing  the  Legislature  to  establish 
a  third  court  of  appeals  and  to  change  the  districts  and  the 
pecuniary  limit  of  jurisdiction  of  such  courts. ^^^  The  courts 
of  appeals,  however,  did  not  relieve  the  Supreme  Court  of  its 
burden  and  in  1890  an  amendment  was  ratified  which  in- 
creased the  number  of  Supreme  Court  Judges  to  seven  and 
established  a  civil  and  a  criminal  division  of  such  court.^^^ 

The  congestion  of  cases  still  continued.  In  1895  the 
Legislature  sought  to  correct  some  of  the  difficulties  growing 
out  of  questions  of  jurisdiction  but  the  amendment^^^  sub- 
mitted was  rejected  by  the  voters.  The  same  was  true  of 
an  amendment  proposed  in  1907  increasing  the  number  of 
Judges  of  the  Supreme  Court  to  nine  and  creating  a  third 
division.  The  Legislature  in  1919  proposed  a  similar  amend- 
ment^'^  and  also  one  increasing  the  number  of  judges  of  the 
St.  Louis  Court  of  Appeals  to  six^i^  and  these  will  be  voted 
upon  next  November.  While  the  Legislature  has  done 
something  to  relieve  conditions  by  providing  for  Supreme 
Court  Commissioners,  the  bar  of  the  State  has  indicated  its 
opinion  that  conditions  demand  a  revision  of  the  entire 
article  relating  to  the  Judiciary.     Attempts  to  expedite  the 


"•Ante.  p.  38. 
"»Laws,  1881.  p.  228. 
«»Laws,  1883.  p.  215. 
'uLaws,  1889.  p  322. 
"•Laws,  1895.  p.  286. 
'"Laws,  1919.  p.  762. 
•'•Laws.  1919,  p.  763. 


CONSTITUTIONAL  CONVENTION,   1875         45 

procedure  in  the  lower  courts  are  to  be  seen  in  amendments 
adopted  in  1900  authorizing  in  civil  cases  a  two-third's  jury 
verdict  in  courts  not  of  record  and  a  three-fourths'  jury 
verdict  in  courts  of  record, ^^^  making  indictment  and  in- 
formation concurrent  remedies^^^  and  providing  that  a  grand' 
jury  shall  be  convened  only  by  order  of  a  judge. ^^^ 

The  provision  of  the  Constitution  prohibiting  the  giving 
of  public  money  or  thing  of  value  to  any  individual  or  cor- 
poration^i^  prevented  the  granting  of  pensions  to  officials 
and  employees.  In  1892  an  amendment  was  approved 
which  permitted  the  Legislature  to  authorize  cities  to  main- 
tain pension  funds  for  disabled  firemen^^o  but  similar  amend- 
ments regarding  pensions  for  policemen  proposed  in  1903^^^ 
and  1909"^  and  for  public  school  teachers  proposed  in 
19Q9223  ^ere  rejected.  An  attempt  to  grant  authorization 
for  pensions  for  the  deserving  blind^^*  was  defeated  in  1914 
but  two  years  later  a  similar  amendment^^^  was  approved. 
On  account  of  the  limited  revenue  the  Legislature  was  un- 
able to  make  an  appropriation  for  such  pensions.  Hence, 
in  1919,  it  submitted  an  amendment  requiring  a  special  tax 
of  not  less  than  one-half  of  one  cent  and  not  more  than  three 
cents  on  the  one  hundred  dollars'  valuation  to  be  levied  for 
this  purpose.     This  will  be  voted  on  next  November. ^^e 

Limitations  upon  the  financial  powers  of  the  State  and 
its  local  subdivisions  have  been  responsible  for  most  of  the 
amendments  proposed  and  adopted.  It  is  impossible  to  go 
into  detail  regarding  these  amendments.  The  following 
statement  regarding  those  which  have  been  approved  will 
give  some  idea  of  the  nature  of  the  difficulties  which  have 


"'Laws,  1899,  p.  381. 

"'Ibid.,  p.  382. 

2'8Ibid. 

"•Ante,  p.  31. 

"oLaws,  1891,  p.  221. 

'"Laws.  1903,  p.  278. 

'"Laws,  1909,  p.  908. 

'2'Ibid. 

'"Laws,  1913.  p.  782. 

'"Laws.  1915.  p.  411. 

"•Laws,  1919.  p.  759. 


46  JOURNAL  OF  THE  MISSOURI 

arisen.  In  1900  the  voters  ratified  an  amendment^" 
authorizing  the  levy  of  a  special  road  tax  but  exempting  St. 
Louis,  Kansas  City,  and  St.  Joseph  from  its  provisions. 
Similar  amendments,  without  the  exemption,  had  been  re- 
jected in  1884228  and  188622^  and  one  applying  only  to 
counties  with  less  than  100,000  inhabitants  was  rejected  in 
1894.230  In  1906  the  Missouri  Supreme  Court  declared  the 
amendment  adopted  in  1900  invalid  as  the  exemption  of  the 
three  cities  violated  the  Fourteenth  amendment  of  the 
Constitution  of  the  United  States. 2^1  Finally,  in  1908,  the 
voters  approved  a  similar  amendment  applying  to  all 
counties  without  any  exemption. 2^2 

In  1900  there  were  also  approved  three  other  amend- 
ments of  financial  significance.  Two  had  to  do  with  the 
St.  Louis  World's  Fair,  authorizing  St.  Louis  to  aid  it  by 
issuing  five  millions  in  bonds233  and  the  Legislature  to  appro- 
priate one  million  dollars  from  the  State  sinking  fund  for 
an  exhibit  at  the  Fair.234  The  third  amendment  which 
provided  for  taxing  mortgages  as  interests  in  the  property 
mortgaged  and  for  dividing  the  assessment  between  the 
mortgagor  and  mortgagee, 2^"  was  held  to  be  in  conflict  with 
the  Constitution  of  the  United  States236  and  was  repealed 
by  an  amendment2"  adopted  in  1902. 

By  1901,  the  State  bonded  debt  had  been  reduced  to  a 
small  amount  which  it  was  clear  would  be  extinguished  in  the 
near  future.  There  remained,  however,  certificates  of  in- 
debtedness to  the  public  school  and  state  seminary  funds 
which  had  been  created  by  the  using  of  these  funds  for  the 
purchase  and  retirement  of  equivalent  amounts  of  State 
bonds.     As  the  certificates  furnished  a  safe  and  profitable 


M'Laws,  1905,  p.  313. 

««Laws.  1883.  p.  217. 

"'Laws,  1885,  p.  255. 

"»Laws.  1893,  p.  273. 

"'Johnson  v.  C.  B.  &  Q.  Ry.  Co.,  195  Mo.  228. 

MJLaws.  1909.  p   906. 

"'Laws.  1905.  p.  316. 

"•Ibid.,  p.  317. 

"'Ibid.,  p.  315. 

"•Russell  V.  Croy.  164  Mo.  69. 

"'Laws.  1905.  p.  317. 


CONSTITUTIONAL  CONVENTION,   1875         47 

investment  for  the  two  funds,  the  Legislature  submitted  an 
amendment  making  them  practically  perpetual  but  provid- 
ing for  the  investment  of  future  accumulations  in  these  funds 
in  approved  county,  municipal  and  school  district  bonds. "^ 
The  same  amendment  made  provision  for  a  State  interest 
tax  not  exceeding  three  cents  on  the  hundred  dollars'  valua- 
tion to  pay  the  interest  on  these  certificates.  This  amend- 
ment was  ratified  in  1902. 

On  account  of  the  increasing  population  of  cities,  the 
limitations  upon  their  financial  powers  became  a  matter  of 
serious  concern.  In  1902  an  amendment  was  approved 
which  authorized  St.  Louis  to  levy  in  addition  to  the  rate 
allowed  by  the  Constitution  for  municipal  purposes,  the 
rate  which  would  be  allowed  for  county  purposes  if  St.  Louis 
were  part  of  a  county. ^^^  At  the  same  time  was  ratified  ah 
amendment  which  enabled  St.  Louis  and  Kansas  City  in 
computing  their  total  bonded  debt  for  the  purpose  of  the 
five  per  cent  maximum  established  by  Section  12  of  Article 
X  of  the  Constitution, 2^"  to  exclude  all  bonds  issued  in  con- 
nection with  their  municipally  owned  waterworks  and  in  the 
case  of  St.  Louis  all  bonds  assumed  by  the  city  at  the  time 
of  its  separation  from  the  county. -^^  Of  the  same  general 
character  was  another  amendment  approved  at  the  same 
time  which  authorized  cities  between  2,000  and  30,000  in- 
habitants to  become  indebted  an  additional  five  per  cent 
for  the  purpose  of  constructing  municipally  owned  water 
works  or  electric  light  plants. 2^2  Finally,  in  1906,  an  amend- 
ment was  adopted  which  permitted  a  county  to  become  in- 
debted in  excess  of  the  five  per  cent  maximum  for  road  and 
bridge  purposes. ^^^  While  this  amendment  was  under  con- 
sideration in  the  Legislature  a  clause  was  added  providing 
that  Section  12  of  Article  X  should  not  apply  to  counties 
containing  cities  with  100,000  inhabitants  nor  to  cities  with 


238Laws,  1905,  p.  318. 
23»Ibid. 

2«>Ante,  p.  29. 
2"Laws,  1905,  p.  320."] 
««Laws,  1905,  p.  324. 
»«Laws,  1909,  p.  905. 


48  JOURNAL  OF  THE  MISSOURI 

over  300,000  inhabitants.  This  proviso,  however,  was  not 
set  forth  in  the  amendatory  clause  of  the  resolution  and 
hence  under  the  ruling  in  Gabbert  v.  G.  R.  1.  &  P.  Ry.  Go., 
171  Mo.  84,  did  not  become  a  part  of  the  amended  section. 

The  evils  arising  out  of  constitutional  provisions  limit- 
ing in  detail  the  financial  powers  of  the  Legislature  and  local 
subdivisions  and  the  difficulty  of  correcting  these  by  the 
process  of  amendment  are  well  illustrated  by  the  history  of 
Section  12  of  Article  X  of  the  Missouri  Gonstitution.  It  is, 
of  course,  obvious  that  a  debt  incurred  for  a  productive  ex- 
penditure should  not  be  subject  to  the  same  restrictions  as 
those  incurred  for  nonproductive  purposes.  Hence  there 
was  adequate  justification  for  the  two  amendments  adopted 
in  1902  giving  St.  Louis  and  Kansas  Gity  and  cities  between 
2,000  and  30,000  inhabitants  greater  debt  incurring  power 
for  the  purpose  of  municipal  ownership  of  public  utilities. 
But  the  amendments  being  specific  instead  of  general  in 
character,  could  not  of  course  provide  for  future  contin- 
gencies and  hence  the  demand  for  new  amendments  con- 
tinued to  arise.  In  the  first  place,  the  situation  was  com- 
plicated by  a  decision  of  the  Supreme  Gourt  holding  that 
the  second  five  per  cent  permitted  under  the  amendment  of 
1902  must  be  restricted  to  debts  for  water  works  or  electric 
light  plants  and  that  even  if  a  city  had  used  up  part  or  all 
of  its  first  five  per  cent  debt  allowance  for  either  or  both  of 
these  purposes  it  could  not  use  the  second  five  per  cent  for 
other  purposes  such  as  the  building  of  a  sewer  system. ^^^ 
In  other  words,  a  city  must  build  its  public  buildings, 
sewers,  etc.,  first  and  later  construct  its  water  works  and 
electric  light  plant. 

In  the  second  place,  there  were  other  public  utilities 
such  as  gas  works,  heating  plants,  street  railways,  etc., 
coming  under  the  head  of  productive  expenditures  which 
clearly  could  not  take  advantage  of  the  second  five  per  cent 
authorized  by  the  amendment  of  1902.  Finally,  that 
amendment  was  restricted  to  cities  between  2,000  and  30,000 


•"State  V.  Wilder,  197  Mo.  1. 


CONSTITUTIONAL  CONVENTION,   1875         49 

inhabitants  and  could  afford  no  relief  to  cities  outside  this 
group,  for  example,  Joplin  and  Springfield  since  1910,  St. 
Joseph  and,  except  as  regards  water  works,  St.  Louis  and 
Kansas  City.  While  none  of  the  amendments  for  securing 
relief  in  these  matters  has  been  ratified  in  recent  years  for 
the  reasons  indicated  above, ^^^  their  proposal  by  the  Legis- 
lature indicates  the  urgency  of  the  need.  In  1907  an 
amendment  was  proposed  to  overcome  the  difficulty  created 
by  the  decision  of  the  Supreme  Court  in  the  Wilder  case.^*^ 
It  provided  that  any  debt  previously  or  thereafter  incurred 
for  water  works  or  electric  light  plants  should  not  be  con- 
sidered in  determining  the  original  five  per  cent  for  which 
the  cities  concerned  could  become  indebted.  Another 
amendment  in  the  same  year  proposed  to  authorize  cities 
with  100,000  inhabitants  to  become  indebted  an  additional 
five  per  cent  for  the  purpose  of  acquiring  subways^^^  and 
the  same  amendment  was  proposed  again  in  1913^*^  but  all 
met  the  same  fate.  At  the  same  time  was  rejected  an 
amendment  proposing  to  authorize  Kansas  City  to  issue  pub- 
lic utility  bonds  to  an  amount  not  exceeding  an  additional 
twenty  per  cent  of  its  assessed  valuation  for  the  purpose  of 
acquiring  any  public  service  utility  for  the  use  of  its  citi- 
zens.^^^  The  principal  of  these  public  utility  bonds  was  not 
to  constitute  an  obligation  of  the  city  enforcible  out  of 
funds  raised  by  taxation. 

At  the  election  in  November  of  this  year  there  will  be 
submitted  an  amendment  which  was  framed  to  meet  the 
needs  of  St.  Louis,  Kansas  City  and  St.  Joseph. ^^o  It  pro- 
poses to  change  the  general  rule  of  Section  12  of  Article  X 
of  the  Constitution  so  far  as  cities  of  75,000  inhabitants  or 
more  are  concerned  by  fixing  ten  per  cent  instead  of  five 
per  cent  as  the  maximum  for  the  incurring  of  indebtedness. 
It  also  authorizes  the  same  cities  to  issue  public  utility  bonds 


2«Ante.  p.  43. 
"'Ante.  p.  48. 
'♦'Laws,  1907,  p.  453. 
"sLaws,  1913,  p.  780. 
8«»Laws,  1913,  p.  776. 
2"Laws,  1919,  p.  751. 


50  JOURNAL  OF  THE  MISSOURI 

as  provided  in  the  amendment  referred  to  above,  which  was 
proposed  in  1913.  The  pending  amendment  differs  in  one 
feature  from  the  one  proposed  in  1913  and  from  other 
amendments  of  this  general  character.  All  previous  amend- 
ments, those  rejected  as  well  as  those  ratified,  required  the 
consent  of  two-thirds  of  the  voters  before  any  indebtedness 
authorized  could  be  incurred.  This  amendment,  however, 
would  authorize  the  issuance  qf  the  public  utility  bonds 
with  the  assent  of  four-sevenths  of  the  voters.  Another 
amendment  to  be  voted  on  this  year  proposes  to  amend  the 
amendment  adopted  in  1902,^51  by  adding  ice  plants  to  the 
public  utilities  for  which  the  additional  five  per  cent  in- 
debtedness may  be  incurred  and  by  extending  its  provi- 
sions to  cities  of  less  than  2,000  inhabitants. "^ 

Counties  also  have  found  it  necessary  to  appeal  for 
amendments  of  Section  12  of  Article  X.  It  has  been  in- 
dicated that  in  1906  authority  was  granted  for  indebtedness 
above  the  five  per  cent  for  road  and  bridge  purposes. "3  In 
1909,  an  amendment  was  proposed  to  secure  similar  authori- 
zation for  the  erection  of  a  poor  house^^^  but  it  was  rejected 
by  the  voters  despite  the  fact  that  the  Constitution  as 
originally  adopted  expressly  authorizes  this  in  the  case  of  a 
court  house  or  jail.  The  county  of  St.  Louis  which,  as  a 
suburb  of  the  city  of  St.  Louis,  has  a  large  urban  population, 
sought  authority  to  incur  indebtedness  for  the  construction 
of  sewers  and  the  acquisition  of  water  works.  While  this 
was  approved  by  the  Legislature  in  1911,'"  it  failed  of  rati- 
fication with  all  of  the  other  amendments  at  the  election  in 
1912. 

The  restrictions  upon  the  rates  of  taxation  have  been 
found  burdensome  in  many  cases  and  attempts  have  been 
made  to  amend  these  provisions  of  the  Constitution.    Refer- 


«'Ante,  p.  48. 

"2Laws,  1919,  p.  758.  See  also  amendment  rejected  in  1918  which  proposed  to 
add  improvement  of  streets  as  an  item  for  which  additional  Ave  per  cent  could  be  in- 
curred; Laws,  1917,  p.  581. 

">Ante,  p.  47. 

"•Laws,  1909,  p.  912. 

""Laws,  1911.  p.  448. 


CONSTITUTIONAL  CONVENTION,   1875         51 

ence  has  already  been  made  to  the  numerous  attempts  which 
were  finally  successful  to  secure  authority  for  a  special 
county  tax  for  road  and  bridge  purposes"^  and  also  to  the 
amendment  giving  the  city  of  St.  Louis  authority  to  levy 
the  county  as  well  as  the  municipal  rate."^  At  the  same 
time  that  the  latter  provision  was  adopted,  the  voters  also 
ratified  an  amendment  permitting  boards  of  education  in 
cities  of  100,000  inhabitants  to  levy  sixty  cents  instead  of 
forty  cents,  which  was  the  maximum  which  could  be  levied 
in  other  districts  without  the  consent  of  a  majority  of  the 
voting  taxpayers."^  A  number  of  attempts  have  been  made 
to  change  the  rates  for  school  purposes^^^  and  an  amendment 
to  be  voted  on  this  year  seeks  to  remove  the  discrimination 
upon  rural  school  districts  by  increasing  the  maximum  rate 
for  school  purposes,  which  can  be  authorized  by  tax  paying 
voters  from  sixty-five  cents  to  one  dollar,  the  same  amount 
permitted  in  city  districts. ^^^  There  have  also  been  attempts 
to  change  the  rates  for  city  purposes^^^  and  for  improve- 
ment of  roads. '^2  At  the  election  next  November  amend- 
ments will  be  submitted  authorizing  a  rate  of  fifty  cents  for 
road  purposes  when  voted  by  the  voters  of  a  road  district^^^ 
and  authorizing  the  Legislature  to  incur  a  debt  not  exceed- 
ing sixty  million  dollars  for  road  purposes. ^^^  Another 
amendment  to  be  voted  on  at  the  same  time  provides  for 
the  issuance  of  state  bonds  not  exceeding  one  million  dollars 
for  the  purpose  of  creating  a  soldiers'  settlement  fund  to 
provide  employment  and  rural  homes  for  soldiers  and 
sailors. 265 

The  "home  rule  charter"  provisions  of  the  Constitution 


"6Ante,  p.  46. 
"'Ante,  p.  47. 
sssLaws,  1905.  p.  322. 

w'Laws,  1903,  p.  282;  Laws,  1917,  pp.  577-579. 
woLaws,  1919,  p.  755. 
"■Laws,  1909,  p.  911;  Laws,  1911,  p.  446. 

262Laws,  1907,  p.  457;  Laws,  1909,  p.  913;  Laws,  1913,  p.  779;  Laws,  1917,  pp. 
579-581. 

263Laws,  1919,  p.  755. 
26*Ibid.,  p.  757. 
"SLaws,  1919,  p.  760. 


52  JOURNAL  OF  THE  MISSOURI 

regarding  St.  Louis-^^  did  not  contain  express  authority  for 
a  revision  of  the  charter  by  a  new  board  and  an  amendment 
for  this  purpose  was  adopted  in  1902.2"  As  the  original 
provision  for  amending  the  charter  with  the  consent  of  three- 
fifths  of  the  voters  at  an  election  had  not  worked  satisfac- 
torily because  of  the  failure  of  many  voters  to  vote  either 
way,  this  amendment  now  provided  that  three-fifths  of  the 
voters  voting  for  or  against  each  charter  amendment  should 
be  sufficient  for  its  adoption.  Finally,  the  original  require- 
ment that  the  charter  must  provide  for  two  houses  of  the 
city  council  was  changed  so  as  to  require  only  one  house. 
This  amendment  did  not  apply  to  the  "home  rule  charter" 
provisions  for  other  cities  of  over  100,000  population  and 
Kansas  City  has  made  a  number  of  attempts  to  amend 
these  sections.  In  1914,  an  amendment  similar  to  that 
part  of  the  St.  Louis  amendment  of  1902  which  provided 
for  counting  only  the  votes  for  or  against  charter  amendments 
was  defeated. 28*  In  1918,  an  amendment  was  submitted  by 
initiative  petition  providing  for  a  charter  commission  for 
the  revision  of  the  charter  whenever  such  proposition  had 
been  approved  by  the  voters  after  submission  by  the  city 
council  or  by  initiative  petition. ^^^  The  amendment  also  pro- 
vided for  charter  amendments,  submitted  by  a  charter  com- 
mission, the  city  council  or  initiative  petition  and  ratified  by 
a  majority  of  those  voting  on  each  amendment.  Finally, 
the  people  of  the  city  were  given  a  free  hand  in  determining 
the  form  of  their  government  by  the  omission  of  the  provi- 
sion requiring  a  mayor  and  two  houses  of  legislation.  This 
amendment  was  defeated  but  the  next  Legislature  sub- 
mitted substantially  the  same  amendment  and  it  will  be 
voted  upon  again  next  November. ^''o 

Additional  evidence  of  the  difficulty  of  getting  voters 
interested  in  propositions  is  furnished  by  an  amendment 


"'Ante,  p.  34. 

"'Laws,  1905,  p.  320. 

»8Laws,  1914,  p.  783. 

"•Official  Manual,  1919-20,  pp.  428,  429. 

>">Law8,  1919,  p.  749. 


CONSTITUTIONAL  CONVENTION,   1875         53 

adopted  in  1902  which  changed  the  law  regarding  township 
organization  by  providing  for  its  adoption  by  a  majority 
of  the  voters  of  the  county  voting  upon  that  propostition 
instead  of  by  a  majority  of  the  voters  at  the  election. ^^^ 

When  the  Constitution  of  1875  was  adopted  the  term 
of  most  of  the  county  officials  was  only  two  years.  The 
tendency  arose,  however,  to  lengthen  the  term  to  four  years. 
It  was  possible  for  the  Legislature  to  determine  this  question 
except  in  the  case  of  the  sheriff  and  coroner  whose  terms 
were  fixed  at  two  years  by  the  Constitution. "^  An  amend- 
ment adopted  in  1906  extended  these  terms  to  four  years. "^ 

The  only  amendment  of  the  Constitution  of  1875  which 
remains  for  consideration  is  the  one  providing  for  the  initia- 
tive and  referendum  which  was  adopted  in  1908.2^4  A 
similar  amendment  with  stricter  requirements  but  applying 
to  the  local  as  well  as  State  government  had  been  defeated 
in  1904.275  The  amendment  adopted  in  1908  applies  to 
constitutional  amendments  as  well  as  matters  of  ordinary 
legislation.  The  initiative  has  been  used  only  in  connection 
with  constitutional  amendments.  A  total  of  fourteen 
amendments  were  proposed,  one  or  more  at  each  election 
beginning  in  1910  and  all  were  defeated."*'  One  amend- 
ment submitted  by  the  initiative  will  be  voted  on  in  Novem- 
ber of  this  year.-" 

Four  acts  of  the  Legislature  were  by  referendum  peti- 
tions submitted  to  the  voters  in  1914  and  all  were  rejected. "« 
The  Prohibition  Enforcement  act  and  the  Workmen's  Com- 
pensation act  passed  by  the  last  Legislature  were  held  up 
by  referendum  petitions  and  will  be  voted  on  this  year. 

In  addition  to  those  already  referred  to,  the  following 
amendments  will  be  submitted  to  the  voters  at  the  forth- 


"iLaws,  1905,  p.  324. 
•"Constitution,  1875.  Art.  IX,  Sec.  10 
2"Laws,  1909,  p.  906. 
"<Laws,  1909,  p.  906. 
'"Laws,  1903,  p.  280. 

"eofflcial  Manual,  1915-16,  pp.  603,  604;  1917-18,  pp.  484,  485;  1919-20,  pp.428. 
429. 

2"See  below,  p.  54. 

»'80fflcial  Manual,  1915-16,  p.  604. 


54  JOURNAL  OF  THE  MISSOURI 

coming  November  election.  One  amendment  repeals  the 
provision  disqualifying  soldiers  and  sailors  in  the  regular 
army  of  the  United  States  from  voting  and  requires  the 
Legislature  to  provide  for  absentee  voting  by  electors  absent 
from  the  State  on  account  of  military  service."^ 

Another  amendment  undertakes  to  increase  the  pay  of 
members  of  the  Legislature.  The  inadequacy  of  this  com- 
pensation led  to  an  amendment  proposed  in  1907  providing 
an  annual  salary  of  seven  hundred  and  fifty  dollars. ^^^  The 
next  Legislature  proposed  an  increase  in  the  per  diem  from 
five  to  ten  dollars. -^^  Four  years  later  the  Legislature  pro- 
posed an  annual  salary  of  one  thousand  dollars. ^^2  AH  of 
these  proposals  were  defeated  and  the  last  Legislature 
renewed  the  proposal  of  1913,  except  that  it  omits  all  provi- 
sion for  mileage  or  stationery  and  provides  that  no  member 
shallreceive  any  allowance  other  than  his  salary  and  actual 
expenses  while  serving  on  committees  to  examine  institu- 
tions other  than  those  at  the  State  capitoL^^s 

Finally,  an  amendment  submitted  by  initiative  petition 
proposes  to  amend  that  part  of  Article  XV  which  provides 
for  revising  the  Constitution.  It  provides  that  each  politi- 
cal party  shall  nominate  not  more  than  one  of  the  two  mem- 
bers of  the  the  Constitutional  Convention  to  be  elected  from 
each  senatorial  district.  It  also  provides  for  fifteen  members 
to  be  elected  at  large,  nominations  therefor  to  be  by  petition. 
It  requires  that  the  question  of  holding  a  Constitutional 
Convention  shall  be  submitted  to  the  voters  at  a  special 
election  in  August,  1921,  and  that  every  twenty  years  there- 
after such  question  shall  be  automatically  submitted  to 
the  voters.  This  amendment  is  the  work  of  the  New  Con- 
stitution Association  which  has  been  endeavoring  for  a 
number  of  years  to  have  the  question  submitted  to  a  vote  of 
the   people.     It  is  believed  the  provisions  for  bi-partisan 


»"Law8.  1919.  p.  763. 
""Laws,  1907,  p.  457. 
"'Laws,  1909,  p.  914. 
"'Laws.  1913,  p.  779. 
"»Law8.  1919,  p.  748. 


CONSTITUTIONAL  CONVENTION,   1875         55 

and  non-partisan  membership  will  overcome  the  objections 
which  have  defeated  former  attempts  to  secure  a  Constitu- 
tional Convention. 

It  is  an  interesting  coincidence  that  this  survey  of  con- 
stitutional evolution  in  Missouri  is  completed  on  July  19, 
1920,  just  one  hundred  years  after  the  adoption  of  the 
Constitution  of  1820.  As  the  Constitution  of  today  contains 
the  essential  features  of  the  Constitution  of  1820  this  date 
maybe  taken  as  the  Centennial  of  Missouri's  Constitution. 
While  the  most  fundamental  characteristics  of  the  Consti- 
tution of  1820  such  as  the  division  of  powers,  the  bicameral 
Legislature,  the  independent  Executive  and  Judiciary  have 
been  preserved  in  the  existing  Constitution,  noteworthy 
changes  have  been  introduced.  Foremost  of  these  has  been 
the  introduction  of  numerous  limitations  upon  the  power  of 
the  Legislature.  Restrictions  have  been  imposed  upon  its 
procedure,  its  enactment  of  local  and  special  laws  and  its 
control  over  finances,  while  its  power  to  regulate  education, 
corporations  and  the  structure  and  powers  of  State  and  local 
government  has  been  seriously  limited  by  the  positive  provi- 
sions regarding  these  matters  that  have  been  incorporated 
into  the  Constitution.  Legislative  power  has  also  been 
restricted  by  the  strengthening  of  the  Governor's  veto 
power,  by  the  requirement  for  popular  participation  in  the 
amendment  of  the  Constitution  and  finally  by  introduction 
of  a  popular  referendum  on  legislative  acts  and  the  possibil- 
ity of  direct  popular  enactment  of  laws  without  legislative 
participation. 

The  second  most  noticeable  change  has  been  the  sub- 
stitution of  the  long  for  the  short  ballot.  This  has  resulted 
from  the  elimination  of  appointive  tenure  and  the  estab- 
lishment of  popular  election  of  the  principal  executive 
officials  and  judges. 

Finally,  the  restrictions  upon  the  Legislature  and  the 
regulation  of  matters  in  detail  in  the  Constitution  have 
resulted  in  the  proposal  by  the  Legislature  and  by  initiative 
petition  of  numerous  constitutional  amendments.     These, 


56  JOURNAL  OF  THE  MISSOURI 

with  the  addition  of  legislative  acts  referred  by  petition  to 
the  voters,  increased  the  size  of  the  ballot  to  such  an  extent 
that  the  Legislature  provided  for  a  separate  ballot  for  all 
propositions  of  this  character. ^^^ 

The  men  who  framed  the  Constitution  of  1875  appre- 
ciated the  value  of  historical  evolution.  They  realized  that 
they  were  dealing  with  the  Constitution  which  had  been 
adopted  in  1820  and  changed  from  time  to  time  to  meet 
changed  conditions.  They  undertook  to  adapt  it  to  the 
problems  of  their  day.  If  the  demand  for  a  new  Constitu- 
tion leads  to  a  Constitutional  Convention,  the  members  of 
that  body  will  undoubtedly  be  influenced  by  similar  con- 
siderations. While  modifying  the  existing  document  so  as 
to  enable  the  government  to  function  in  accordance  with 
modern  needs  and  popular  demands,  they  will  hold  fast  to 
all  these  features  that  have  demonstrated  their  usefulness 
through  the  century  of  Missouri's  constitutional  develop- 
ment. 


«««Laws,  1909.  p.  492. 


PERSONNEL  OF  THE  CONVENTION 

BY  FLOYD  C.  SHOEMAKER. 

An  important  sidelight  on  the  character  of  any  conven- 
tion is  a  survey  of  its  personnel.  Whether  the  document 
framed  by  such  a  body  is  a  constitution,  a  session  act,  or  a 
draft  of  resolutions,  it  bears  to  a  large  degree  the  imprin  ,  of 
the  lives  of  its  authors.  The  age,  education,  environment, 
social  and  economic  position,  and  the  public  experience  of 
the  drafters,  are  all  helpful  guides  in  analyzing  their  product. 
A  body  of  men  of  mature  years,  of  high  educational  standard, 
of  sound  economic  position,  and  of  wide  experience,  could 
hardly  be  expected  to  frame  a  radical  constitution.  On  the 
other  hand,  representatives  of  youthful  age,  of  little  en- 
lightenment, not  possessed  of  property,  and  little  favored 
with  family  traditions  or  social  rank,  could  hardly  be  expect- 
ed to  draft  a  conservative  constitution.  An  analysis  of  the 
personnel  of  a  convention  is  also  valuable  in  itself.  The 
lives  of  the  framers  of  a  state  constitution  are  deserving  of 
serious  consideration.  A  constitution  is  a  fundamental  law 
on  which  all  later  ordinary  legislation,  administration,  and 
legal  interpretation,  are  founded.  Certainly  the  men  who 
drafted  such  a  significant  document  should  be  better  known 
than  ordinary  public  servants.  The  work  of  the  sixty-eight 
delegates  in  Missouri's  Constitutional  Convention  of  1875, 
has  guided  this  state  for  forty-five  years,  nearly  half  a  cen- 
tury! This  can  be  said  of  no  legislature,  of  no  governor,  or 
of  any  five  or  ten  of  both.  The  lives  of  constitution  makers 
are  important  and  are  deserving  of  study  and  historical 
preservation. 

It  is,  therefore,  strange  and  regrettable  that  the  scholar 
is  forced  to  adopt  a  hundred  expedients  and  devise  a  score 
of  ways  and  means,  in  order  to  learn  even  the  salient  facts 
regarding  some  men  of  such  high  position  and  influence. 
This  is  necessary,   however,  owing  to  the  oblivion  which 

(57) 


58  JOURNAL  OF  THE  MISSOURI 

envelopes  the  careers  of  even  some  of  our  most  eminent 
representatives.  Again,  it  frequently  happens  that  a  printed 
biography  of  some  delegate  is  found  which  omits  mention 
of  the  most  essential  facts  desired.  Even  where  general  in- 
formation is  given  on  some  subject,  it  is  frequently  of  only 
slight  aid  since  the  very  nature  of  that  subject,  as  e.  g., 
economic  position  in  1875,  demands  specific  data.  These 
difTiculties  are  mentioned  by  way  of  explanation. 

The  purpose  of  this  chapter  is  to  present  a  summary  on 
the  personnel  of  the  delegates  regarding  these  points  of  in- 
formation: birthplace,  education,  length  of  residence  in 
Missouri  by  1875,  age  in  1875,  fraternal  afTiliation,  church 
membership,  war  record,  occupation,  economic  position, 
politics,  and  public  career  before  and  after  1875.  Com- 
parison will  be  made  in  places  with  the  delegates  who  framed 
Missouri's  Constitution  of  1820.  Such  conclusions  as  are 
made  will  be  confined  to  and  deduced  from  the  data  at  hand. 
The  three  leading  officers  of  the  Convention  were:  Waldo 
P.  Johnson, president;  Nathaniel  W.  Watkins,  vice-president; 
and  George  W.  Nolan,  secretary.  The  first  two  were  dele- 
gates and  their  lives  are  included  in  all  summaries. 

The  cosmopolitan  character  of  the  Convention  is  evident 
from  the  nativity  of  the  delegates.  The  birthplaces  of 
sixty-seven  of  the  members  have  been  defmately  deter- 
mined.^ These  delegates  represented  twelve  American 
commonwealths,  the  District  of  Columbia,  and  four  foreign 
countries.  In  the  first  Constitutional  Convention  of  Mis- 
siouri  in  1820,  the  forty  delegates  whose  nativity  could  be 
traced  represented  nine  states,  two  territories,  and  two 
foreign  countries. ^  The  native  American  stock  in  the  1820 
Convention  was,  however,  higher,  representing  ninety-four 
per  cent  of  the  membership  as  compared  with  only  ninety 
per  cent  in  the  1875  body.     As  would  be  expected,  the  for- 


'The  data  concerning  Horace  B.  Johnson  was  obtained  too  late  to  be  embodied 
in  this  article.  See  biographical  sketch  in  the  following  article.  Except  where  it  is 
expressly  stated  otherwise,  conclusions  invoking  percentages  on  this  Convention  will 
be  based  on  the  membership  of  sixty-seven  delegates. 

'Shoemaker,  Missouri's  Struggle  for  Statehood,  p.  159. 


CONSTITUTIONAL  CONVENTION,   1875        59 

mer  slave-holding  states  were  the  birthplaces  of  a  large 
majority  of  the  delegates  in  both  conventions.  In  the  1820 
body  eighty  per  cent  were  from  the  South,  in  the  1875  body 
seventy-five  per  cent  were  from  the  South.  This  difference 
is  too  small  to  warrant  comment.  It  shows  that  the  per- 
sonnel of  the  two  conventions  was  largely  identical  from 
the  viewpoint  of  American  sectional  nativity.  In  this  Con- 
vention, Kentucky  ranked  first  with  sixteen  native  sons,  or 
twenty-four  per  cent  of  the  total  membership. ^  Missouri 
came  next  with  thirteen  delegates,  or  twenty  per  cent.* 
Virginia  and  Tennessee  furnished  ten  and  five  respectively.^ 
Maryland  and  New  York  each  gave  three;  Ohio,  Pennsyl- 
vania and  West  Virginia,  each  two;  Delaware,  the  District 
of  Columbia,  Illinois  and  North  Carolina,  each  one;  Canada, 
Ireland  and  Hungary,  each  one;  and  Germany,  four.*  In 
the  1820  Convention,  Virginia  led  with  thirty-two  and  one- 
half  per  cent  of  the  delegates;  Kentucky  furnished  twenty 
per  cent;  Maryland,  ten  per  cent;  Pennsylvania,  seven  and 
one-half  per  cent;  Missouri  (upper  Louisiana),  North  Caro- 
lina and  Tennessee,  each  five  per  cent;  and  Indiana  Territory, 
Ireland,  New  York,  South  Carolina,  Vermont  and  Wales, 
each  two  and  one-half  per  cent.'^ 

In  comparing  the  nativity  of  the  delegates  of  the  two 
conventions,  four  points  of  contrast  are  noticed.  The 
representation  of  the  Atlantic  seaboard  states  was  nearly 


'The  following  were  born  in  Kentucky :  Adams,  Alexander,  Chrisman,  Crockett, 
Farris,  McAfee,  McKee,  Mudd,  Norton,  Ray,  J.  W.  Ross.  Shields,  Switzler,  A.  R. 
Taylor,  Wallace,  Watkins. 

<The  Missouri-born  delegates  were:  Allen,  Cottey,  Conway,  Davis,  Dryden, 
Dysart,  Hardin,  Holliday,  Lay,  Letcher,  Rider,  Rippey,  ShacKelford. 

6The  Virginia  delegates  were:  Bradfleld,  Broadhead,  Crews,  J.  C.  Edwards, 
Hale,  Wlado  P.  Johnson,  Priest,  RucKer,  Shanklin,  and  J.  H.  Taylor.  Hale  and 
Shanklin  were  born  in  that  part  of  Virginia  which  later  became  the  State  of  West 
Virginia. 

The  Tennessee  delegates  were:  J.  F.  T.  Edwards,  Halliburton,  Maxey,  Pipkin, 
and  Roberts. 

•Those  born  in  Maryland  were  Lackland,  Massey  and  Nickerson;  in  New  York, 
Carleton,  Todd  and  Wagner;  in  Ohio,  Black  and  J.  P.  Ross;  in  Pennsylvania,  Fyan 
and  Hyer;  in  West  Virginia,  Boone  and  Hammond:  in  Deleware,  McCabe;  in  the 
District  of  Columbia,  Gantt;  in  Illinois,  Johnson;  in  North  Carolina,  Mabrey;  in 
Canada,  McKillop;  in  Ireland,  Mortell;  in  Himgary,  Pulitzer;  in  Germany.  Brock- 
meyer,  Eitzen,  Gottschalk  and  Spaxmhorst. 

'Shoemaker,  Missouri's  Struggle  for  Statehood,  p.  159f. 


60  JOURNAL  OF  THE  MISSOURI 

twice  as  great  in  the  1820  body  as  in  the  Convention  of  1875. 
In  the  former,  sixty  per  cent  of  the  delegates  were  natives  of 
these  older  commonwealths,  in  the  latter,  only  thirty-two  and 
one-half  per  cent.  Again,  the  representation  of  the  second 
tier  of  states  west  of  the  Atlantic  increased  their  representa- 
tion from  twenty-five  per  cent  in  1820  to  thirty-seven  per 
cent  in  1875.  In  the  third  place,  there  was  a  marked  in- 
crease in  the  1875  body  in  the  number  and  the  proportion  of 
delegates  born  in  Missouri.  In  the  1820  Convention  only 
two  delegates,  or  five  per  cent,  were  natives  of  what  is  today 
the  State  of  Missouri;  in  the  1875  Convention,  there  were 
thirteen  delegates,  or  twenty  per  cent.  Finally,  there  was 
an  increase  in  the  latter  body  in  the  number  of  foreign 
delegates.  In  the  1820  Convention  were  seated  only  two 
foreign  born  representatives,  or  five  per  cent,  in  the  1875 
Convention  were  seven,  or  ten  per  cent.  As  a  result  of 
these  considerations,  two  conclusions  are  evident.  In  the 
first  place,  by  1875  the  older  Middle  West  had  ceased  to 
rely  on  the  East  for  its  state  makers  and  constitution- 
framers.  The  former  pioneer  states  of  Kentucky,  Missouri 
and  Tennessee  had  passed  the  stage  of  colonies  and  in  turn 
had  become  colonizers.  In  the  second  place,  Missouri,  in 
common  with  her  neighbors  on  the  East  and  the  North, 
was  feeling  the  influence  of  a  new  immigration  that  had 
started  in  the  '20s,  continued  in  the  '30s,  and  reached  its 
high  tide  in  the  '40s,  '50s  and  '60s.  This  was  the  wave  of 
settlers  from  Europe  and  the  British  Isles,  especially  from 
Germany  and  Ireland. 

One  of  the  important  subjects  in  the  study  of  biography 
is  education.  Some  writers  place  it  above  both  occupation 
and  economic  position  in  its  influence  on  character.  At 
least  education  holds  high  rank  in  revealing  intellectual 
attitude  toward  public  questions,  being  modified,  or  en- 
forced, however,  by  occupation,  political  partisanship, 
religious  affiliation,  and  economic  position.  Educational 
data  was  obtained  on  sixty-two  delegates.  This  data  shows 
that  the  Convention  of  1875  was  composed  largely  of  edu- 


CONSTITUTIONAL    CONVENTION,   1875        61 

cated  men.  Thirty-nine  of  these,  or  sixty-three  per  cent,  had 
received  college  or  university  training;  eight  had  attended 
academies;  four,  high  schools;  and  eleven,  common  schools. 
Of  the  thirty-nine  college  men,  eleven  had  received  their 
higher  education  in  Missouri.  These  eleven  had  attended 
private  institutions.  Central  College,  at  Fayette,  led  with 
four  alumni;  St.  Paul's  College,  at  Palmyra,  had  two;  Wil- 
liam Jewell,  at  Liberty,  Christian  University,  at  Canton,  St. 
Charles  College,  at  St.  Charles,  Missouri  Medical  College, 
at  St.  Louis  and  Westminster  College,  at  Fulton,  each  had 
one  representative.  Of  the  thirty  students  of  institutions 
located  outside  Missouri,  four  had  attended  Transylvania 
University  (Ky.)  and  three  each  had  attended  Center  Col- 
lege (Ky.)  and  Yale;  two  had  attended  the  University  of 
Virginia  and  one  each  had  studied  at  institutions  scattered 
over  the  nation,  as  Brown  University,  Jefferson  College, 
West  Point,  Harvard,  Washington  (Washington  and  Lee), 
Indiana  State  University,  the  University  of  Tennessee,  and 
the  University  of  Vermont.*  The  educational  equipment 
of  the  delegates  was  high  and  undoubtedly  proved  an  asset 
to  the  Convention.  Whatever  may  be  the  defects  of  Mis- 
souri's Constitution  of  1875,  these  cannot  rest  on  the  lack 
of  a  high  educational  standard  of  the  framers.  In  regard 
to  this  qualification,  the  delegates  in  the  1875  Convention 
were  equal  to  the  remarkably  gifted  framers  of  Missouri's 
Constitution  of  1820. 

It  is  a  matter  of  interest  and  of  some  importance  to 
know  the  length  of  residence  in  Missouri  of  the  delegates  at 
the  convening  of  the  1875  Convention.  Since  eighty 
per  cent  of  the  delegates  were  born  outside  the  state,  the 
question  might  arise  as  to  how  conversant  these  non-Mis- 
sourians  were  with  the  internal  affairs  of  this  commonwealth. 
Had  they  lived  here  long  enough  to  be  familiar  with  our 
problems,  our  successes  and  failures?  Of  the  sixty-seven 
delegates  whose  life-records  are  fairly  complete,  fifty-four 
were  Missourians  by  adoption.     The  date  of  settling  in 


8For  exact  data,  see  the  biographical  sketches  of  the  delegates  following. 


62  JOURNAL  OF  THE  MISSOURI 

Missouri  has  been  determined  for  fifty-two  of  these.  The 
data  at  hand  shows  that  the  average  length  of  residence  in 
Missouri  up  to  1875  was  twenty-eight  and  one-half  years. 
Only  one  had  lived  in  Missouri  less  than  one  year  preceding 
the  Convention  and  only  five  others  had  lived  here  under 
ten  years.  The  conclusion  is  evident  that  the  delegates 
were  undoubtedly  familiar  with  conditions  in  Missouri  so 
far  as  residence  was  an  aid,  and  to  that  extent  they  were 
competent  to  frame  her  new  fundamental  law. 

As  an  aid  to  determine  the  conservative  or  the  liberal 
character  of  a  body  of  men,  their  ages  are  important.  Many 
years  of  experience  in  the  affairs  of  society  may  have  a  ten- 
tency  toward  either  conservatism  or  liberalism  so  far  as 
moral  standards  are  involved,  but  there  is  little  question 
that  so  far  as  governmental  institutions  and  state  finance 
are  involved,  older  men  are  more  inclined  towards  a  conserva- 
tive attitude  than  are  younger  men.  Years  add  responsi- 
bility. To  profit  by  the  past  rather  than  experiment  in 
the  future  is  typical  of  the  general  attitude  of  those  past 
middle  age.  One  is  justified  in  going  even  farther.  Age, 
when  building  for  the  future,  keeps  its  eye  on  the  past  in 
order  to  avoid  the  mistakes  made.  Safety  is  the  foundation 
of  the  plans  of  age  and  experience.  Caution,  conservation, 
restrictions  on  freedom  of  future  action,  are  the  main  con- 
siderations. On  the  other  hand,  youth  and  early  middle 
age  look  to  the  future  for  freedom  and  opportunity.  Youth 
may  have  felt  some  of  the  hardships  of  the  past,  but  unless 
these  have  been  galling  they  are  regarded  as  lessons  rather 
than  guides.  Youth  is  optimistic,  it  may  be  either  radical 
or  liberal  but  seldom  conservative.  Progress  and  freedom  of 
action  are  its  foundation  for  future  plans.  These  generaliza- 
tions are  borne  out  in  the  making  of  laws  and  constitutions. 

In  the  Missouri  Constitutional  Convention  of  1875,  one 
delegate  was  seventy-nine  years  old  and  ten  more  were  over 
sixty. ^     These  eleven  formed  sixteen  per  cent  of  the  mem- 


•Watkins,  the  vice-president,  was  79  years  old.  These  were  over  60.  Adams,  61; 
Gantt,  61;  Halliburton,  63;  Hyer,  65;  Massey,  64;  Pipkin,  61;  Priest,  67;  J.  P.  Ross. 
66;  Todd,  62;  Wagner,  65. 


CONSTITUTIONAL  CONVENTION,   1875         63 

bership.  Fourteen  delegates,  or  twenty-one  per  cent,  were 
between  fifty  and  fifty-nine  years  old,^"  and  twenty-two 
delegates,  or  thirty-three  per  cent,  were  between  forty  and 
forty-nine.'^  Sixteen  delegates,  or  twenty-four  per  cent, 
were  between  thirty  and  thirty-nine  years  old,  and  four 
delegates  or  six  per  cent,  were  under  thirty. '^ 

From  this  data  it  is  clear  that  the  delegates  averaged 
rather  high  in  age.  In  the  1820  Constitutional  Convention 
the  average  was  forty-one  years,  in  this  one  it  was  nearly 
forty-seven  years.  In  the  former  body  only  four  delegates,  or 
ten  per  cent,  were  over  sixty;  in  the  latter,  eleven  delegates, 
or  sixteen  per  cent.  In  the  one  were  six  delegates,  or  fifteen 
per  cent,  under  thirty,  in  the  other  only  four,  or  six  per  cent.'' 
In  this  Convention  thirty-three  delegates,  or  nearly  half, 
averaged  fifty-six  years  old,  and  none  of  these  was  under 
forty-five  years  old.  Even  the  remaining  thirty-four  dele- 
gates in  the  1875  Convention  averaged  an  age  of  thirty- 
eight  years.  This  Convention  was  composed  largely  of 
men  of  mature  years.  There  was  none  too  young  to  have 
fought  in  the  war  that  ended  ten  years  before,  there  were 
many  too  old  to  have  endured  active  service  even  at  the 
beginning  of  that  struggle.  If  age  and  mature  years  nur- 
ture conservatism,  the  Convention  of  1875  was  a  conserva- 
tive body. 

A  matter  of  interest  to  the  biographer  and  historian, 
is  the  fraternal  and  religious  affiliations  of  men  in  the  group. 
In  regard  to  the  former  subject,  it  is  found  that  at  least 
thirty-six  of  the  sixty-eight  delegates  were  members  of 
fraternal  orders.     Of  the  remaining  thirty-two,  it  is  known 


•"Those  between  fifty  and  fifty-nine  were:  Bradfield,  54;  Broadhead,  56;  Chris- 
man,  53;  J.  C.  Edwards,  51;  Eitzen,  56;  W.  P.  Johnson,  58;  Letcher,  51;  Mabrey,  56; 
Mudd,  57;  Norton,  54;  Shackelford,  53;  ShanKlin,  51;  Switzler,  56;   and    Wallace,  52. 

"Those  between  forty  and  forty-nine  were:  Allen,  40;  Alexander,  41;  Boone,  44; 
Brockmeyer,  44;  Carleton,  45;  Crockett,  44;  Dryden,  40;  Dysart,  41;  J.  F.  T.  Edwards. 
49;  Farris,  43;  Fyan,  40;  Hale,  44;  HoUiday,  46;  Lackland,  45;  McAfee,  46;  McCabe. 
48;  McKee,  44;  Nickerson,  40;  Ray,  47;  Roberts,  44;  J.  W.  Ross,  43;  and  Spaunhorst 
47, 

i2Those  between  30  and  39  were:  Black,  39;  Conway,  33;  Davis,  39;  Gottschalk. 
39;  Johnston,  39;  Lay,  39,  Maxey,  32;  Mortell,  32;  Rider,  34;  Rippey,  32;  Shields,  33 
A.  R.  Taylor,  33;  J.  H.  Taylor,  38;  McKillop,  38;  Rucker,  37. 

Those  under  30  were:     Cottey,  29;  Crews,  29;  Hardin,  29;  Pulitzer,  28, 

"Shoemaker,  Missouri's  Struggle  for  Statehood,  p.  164. 


64  JOURNAL  OF  THE  MISSOURI 

that  eight  were  not  affiliated  with  such  organizations.  Data 
on  the  other  twenty-four  could  not  be  obtained.  The 
Masonic  order  enrolled  twenty-three  of  the  delegates,  the 
Odd  Fellow  fraternity  thirteen,  and  scattering  societies  the 
remainder.  Approximately  fifty  per  cent  of  the  members  of 
the  Convention  were  members  of  these  first  two  fraternities. 

The  church  affiliation  of  the  delegates  show  that  thirty- 
seven  men,  or  fifty-three  per  cent,  were  members  of  some 
religious  body;  seven  more,  or  ten  per  cent,  had  some  church 
preference;  eighteen  have  left  no  record  as  yet  obtainable 
on  this  subject.  Of  the  forty-four  delegates  having  either 
membership  or  preference  in  some  religious  body,  eleven 
favored  the  Presbyterian  church,  eleven  the  Methodist, 
eight  the  Baptist,  five  the  Christian,  four  the  Episcopal, 
three  the  Catholic,  and  one  each  the  Congregational,  and 
Unitarian."  From  this  data  it  is  seen  that  nearly  two-thirds 
of  the  delegates  were  members  of  some  church  or  had  some 
church  preference. 

Since  the  harsh  restrictive  election  provisions  in  the 
Missouri  Constitution  of  1865,  altho  later  repealed,  left  an 
aftermath  of  discontent  and  criticism  against  that  document 
which  was  very  influential  in  bringing  about  consideration 
of  a  new  fundamental  law,  it  is  not  surprising  to  find  that 
thirty-five  delegates,  or  fifty  per  cent,  in  the  1875  Conven- 
tion had  either  served  under  the  Confederacy  or  had  sym- 
pathized with  its  fortunes.  Of  these  thirty-five  men,  eight- 
een had  either  enrolled    in   the  Confederate  Army  or  had 


'<The  members  of  the  Presbyterian  church  were:  Chrisman,  Conway,  Crockett' 
Dryden,  Dysart,  Hammond,  McKee,  McKillop,  Shields,  Switzler,  and  J.  H.  Taylor* 

The  members  of  the  Methodist  church  were:  Cottey,  J.  F.  T.  Edwards,  Farris(7). 
Letcher,  Pipkin,  Rider,  Rucker,  Shackelford,  and  Wagner.  J.  C.  Edwards  and  Massey 
attended  this  church. 

The  members  of  the  Baptist  church  were:  Halliburton  (?),  Hyer,  Norton,  Priest, 
Rippey,  and  Wallace.     Allen  and  Watkins  preferred  this  church. 

The  members  of  the  Christian  church  were:  Alexander,  Boone,  Johnson  and  Lay. 
Ray  preferred  this  church. 

The  members  of  the  Episcopal  church  were:  Adams,  Lackland,  McCabe  and 
J.  P.  Ross. 

Spaunhorst  was  a  member  of  the  Catholic  church.  Davis  was  reared  a  Methodist 
and  died  a  Catholic.     W.  P.  Johnson  admired  the  organization  of  the  Catholic  church. 

Bradfleld  was  a  member  of  the  Congregational  church,  and  Gantt  inclined  toward 
the  Unitarian  faith. 


CONSTITUTIONAL  CONVENTION,   1875         65 

served  under  the  Confederate  Government,  and  seventeen 
had  been  Confederate  sympathizers.^^ 

Of  the  remaining  thirty-four  delegates,  fourteen,  or 
twenty-one  per  cent,  had  served  in  the  Union  Army;  five 
had  been  Union  sympathizers;  two  took  no  part  in  the  war; 
and  thirteen  have  left  no  available  record  on  this  subject. ^^ 

An  eminent  authority  has  said  that  at  least  nine-tenths 
of  all  legislation  owes  its  origin,  directly  or  indirectly,  to 
the  associated  influence  of  the  merchant,  trader,  and  banker 
on  the  one  hand,  and  the  lawyer  on  the  other  hand.^^  Cer- 
tainly this  statement  is  substantiated  in  the  framing  of 
Missouri's  Constitution  of  1875,  as  it  was  in  the  drafting 
of  the  first  Constitution  in  1820.*^  In  fact,  the  influence  of 
the  legal  class  was  much  greater  in  the  former  body  than 
in  the  latter.  Only  twenty-two  per  cent  of  the  delegates 
in  the  1820  Convention  were  lawyers,  they  constituted 
sixty-six  per  cent  of  the  1875  body. 

Of  the  sixty-eight  delegates  in  this  Convention,  forty- 
five  were  lawyers;  three  editors;  two,  doctors;  two,  farmers; 
one  each  a  merchant,  preacher,  and  real  estate  dealer;  one 


i^These  had  served  in  the  Confederate  Army:  Boune  (colonel),  Carleton  (major 
in  engineering  department),  Crews,  Dysart  (captain),  J.  F.  T.  Edwards  (major), 
Farris,  Holliday  (no  active  service),  W.  P.  Johnson  (major),  Maxey  (captain).  Rider 
(medical  department),  Rippey  (?),  J.  W.  Ross  (captain),  Rucker  and  A.  R.  Taylor. 

W.  P.  Johnson  had  served  in  the  Confederate  Senate,  Hyer  in  the  Confederate 
Congress,  and  Bradfleld  had  been  secretary  to  Postmaster  General  Reagan  in  President 
Davis'  Cabinet.     W.  P.  Johnson  had  also  served  in  the  Mexican  War. 

The  Confederate  sympathizers  were:  Allen,  Conway,  Crockett,  Davis,  Dryden 
(who  had  freed  iiisslaves  before  the  war),  J.  C.  Edwards,  Halliburton,  Mabrey,  McCabe 
McKee,  Massey,  Nickerson,  Pipkin,  Priest,  Roberts,  J,  H.  Taylor  and  Wallace  (Taylor 
may  have  served  in  the  Confederate  Army). 

"The  fomteen  Union  men  were:  Broadhead  (lieutenant-colonel  of  volimteers 
and  provost  marshal  general),  Eitzen  (captain  in  militia),  Fyan  (major),  Gantt  (pro- 
vost marshal  general  of  Missouri  and  judge  advocate  on  Gen.  McClellan's  staff), 
Gottschalk  (captain),  McAfee  (major,  and  judge  advocate  on  Gen,  Sanborn's  staff), 
Puhtzer  (private,  also  in  Schleswig-Holstein  War),  Ray  (in  charge  of  Union  hospital), 
ShankUn  (lieutenant-colonel,  also  quartermaster  and  commissary  sergeant  in  Mexican 
War),  Shields  (captain  in  militia),  and  Switzler  (provost  marshal  for  a  congressional 
district) . 

The  five  Union  sympathizers  were:  Letcher  (in  CaUfornia  during  the  war) , 
Mudd,  Norton,  Shackelford  and  Wagner. 

The  two  who  took  no  part  were:     Johnston  and  McKillop. 

The  thirteen  delegates  who  have  no  available  records  were:  Adams,  Alexander, 
Black,  Chrisman,  Cottey,  Hammond,  Hardin,  Lackland,  Mortell,  J.  P.  Ross,  Spauu- 
horst  and  Todd. 

I'Foote,  Bench  and  Bar  of  the  Southwest,  p.  3. 

isshoemaker,  Missouri's  Struggle  for  Statehood,  p.  157ff . 


66  JOURNAL  OF  THE  MISSOURI 

each  was  engaged  in  two  or  more  occupations,  as  doctor- 
editor-merchant,  merchant-farmer,  merchant-banker,  mer- 
chant-editor-banker, lawyer-editor,  lawyer-banker,  lawyer- 
mining  incorporator,  lawyer-merchant,  editor-farmer-law- 
yer-merchant; and  two  each,  lawyer-farmer  and  lawyer- 
banker.  It  has  not  been  possible  to  determine  which  occu- 
pation was  the  one  mostly  followed  in  those  cases  where 
two  or  more  were  pursued.  This  data  is  not  essential, 
however,  since  the  predominance  of  the  legal  and  business 
classes  is  so  marked.  It  is  obvious  that  the  lawyer  and  the 
business  man  framed  Missouri's  Constitution  of  1875. 

Another  element  of  strength  and  conservatism  in  the 
Convention  was  the  economic  stability  of  most  of  its  mem- 
bers. Of  the  delegates  whose  financial  standing  could  be 
determined,  all  except  four  enjoyed  large  incomes,  were 
possessed  of  considerable  property,  or  were  at  least  in  moder- 
ate circumstances.  Over  half  of  the  delegates  were  or 
became  wealthy  or  well-to-do.  In  this  respect,  the  Conven- 
tion of  1875  was  similar  to  the  convention  of  1820.^^ 

It  was  impossible  to  obtain  accurate  data  on  the  econo- 
mic standing  of  many  of  the  delegates  prior  to  1875.  The 
war  had  so  changed  the  fortunes  of  some  that  little  definite 
information  is  at  hand.  To  some  extent  this  is  also  true 
even  after  1875,  but  fairly  reliable  records  have  been  col- 
lected relating  to  sixty  delegates.  Of  this  number  eighteen, 
or  thirty  per  cent,  were  or  became  wealthy ;2*'  fourteen,  or 
twenty-four  per  cent  were  well-to-do  ;2^  twenty-four,  or  forty 
per  cent  were  in  moderate  circumstances;"  and  only  four, 
or  seven  per  cent,  died  in  meager  circumstances. ^^ 


'•Shoemaker,  Missouri's  Struggle  for  Statehood,  p.  163f. 

2«Theso  were:  Chrisman,  J.  C.  Edwards,  Eitzen,  Fyan,  Gantt,  Hardin,  Lackland, 
McKee,  Maxey,  Norton,  Pulitzer,  Roberts,  Shackelford  (?),  Spaunhorst,  J.  H.  Taylor. 
Todd,  Wagner,  and  Watkins. 

s'Cottey,  Crews,  Davis  Karris,  Hale,  Hyer,  W.  P.  Johnson,  Johnston,  McAfee, 
McKillop,  Nickerson,  J.  P.  Ross,  Rucker,  and  Shanklin. 

"Allen.  Boone,  Brockmoyer,  Carleton,  Dryden,  Dysart.  J.  F.  T.  Edwards,  Gotts- 
chalk,  Hallil>urton  (wealthy  before  the  war),  HoUiday,  Lay,  McCabe,  Mabrey,  Massey. 
Mudd,  Pipkin,  Priest,  Ray,  Rippey  (once  wealthy),  J.  W.  Ross,  Switzler,  A.  R.  Taylor, 
and  Wallace. 

"Bradfleld,  Conway,  Hammond,  and  Mortell.  Some  of  these  had  enjoyed  con- 
siderable income. 


CONSTITUTIONAL  CONVENTION,   1875         67 

If  this  proportion  obtained  for  all  the  delegates,  it 
means  that  over  half,  or  fifty-five  per  cent,  were  the  posses- 
sors of  considerable  property,  and  forty  per  cent  were  with- 
out worldly  goods.  It  may  be  stated  that  the  Convention 
was  composed  of  the  substantial,  propertied  classes.  The 
delegates  were  largely  men  of  means,  whose  individual 
wealth  ranged  from  |10,000  to  over  a  million  dollars.  Such 
men  are  inclined  to  be  conservative,  to  plan  their  future  on 
the  tried  basis  of  their  past.  Such  men  desire  stability 
rather  than  change. 

A  survey  of  the  political  complexion  of  the  Convention 
shows  that  all  except  seven  of  the  delegates  were  Democrats. 
Six  delegates  were  Republicans  and  one  was  termed  a 
Liberal. 2^  Eleven  of  the  Democrats  had  been  Whigs,  one 
a  Unionist,  and  one  a  Liberal  Republican. ^^  Two  of  the 
Democrats  later  became  Republicans. ^^ 

The  public  life  of  the  delegates  divides  itself  into  two 
phases  for  the  purposes  under  consideration,  first,  their 
career  prior  to  1875,  and  second,  after  1875.  The  record 
of  the  delegates  during  these  two  periods  is  commendable. 
The  delegates  occupied  many  positions  of  honor  and  respon- 
sibility. Nearly  all  were  at  some  time  public  servants  and 
they  performed  well  the  duties  of  office  holding.  It  is  true, 
however,  that  compared  with  the  framers  of  Missouri's 
first  Constitution,  they  do  not  stand  so  high  in  public  life. 
After  1875,  none  reached  the  Cabinet,  none  became  a  United 
States  Senator,  none  sat  in  the  gubernatorial  chair  of  any 
commonwealth;  only  a  small  per  cent  were  sent  to  Congress, 
and  only  one  influenced  the  legislation  of  any  state  except 
Missouri.  The  1820  Convention  included  the  first  United 
States  Cabinet  official  appointed  from  west  of  the  Mis- 
sissippi river;  three  men  who  later  represented  Missouri  and 
Wisconsin  in  the  United  States  Senate;  four,  who  entered 


"The  six  Republicans  were:  Eitzen,  Gottschalk,  H.  B.  Johnson,  Johnston 
McKillop,  and  Mudd.     Fyan  was  a  Liberal,  and  later  became  a  Democrat. 

=6These  eleven  delegates  were:  Allen,  Broadhead,  Chrisman,  Letcher,  McCabe, 
Norton,  Ray,  Shackelford,  Switzler,  A.  B.  Taylor,  and  Wallace.  Gantt  had  been  a 
Unionist,  and  Pulitzer  a  Liberal  Republican  in  1870. 

2«Hale  and  J.  W.  Ross. 


68  JOURNAL  OF  THE  MISSOURI 

the  lower  house  of  Congress;  two  who  sat  in  the  gubernato- 
rial chair  of  Wisconsin  and  of  Missouri;  one,  who  became  a 
Lieutenant-Governor;  two,  who  held  the  office  of  Secretary 
of  State;  two,  that  of  State  Auditor;  two,  who  sat  on  the 
Missouri  Supreme  Court  Bench;  and  twenty-three,  who 
influenced  the  legislation  of  five  American  commonwealths." 
The  comparison  does  not  detract  from  the  high  merits  of  the 
delegates  of  1875,  since  the  Convention  of  1820  was  com- 
posed of  a  body  of  men  of  exceptional  ability  in  the  field  of 
politics. 

Of  the  sixty-eight  delegates,  only  sixteen  had  not  held 
some  political  office  prior  to  the  Convention,  and  three  of 
these  had  been  candidates  for  public  office. ^^  Of  the  fifty- 
two  delegates  with  prevous  public  office  holding  experience, 
only  three  had  served  in  either  the  United  States  or  the 
Confederate  Congress.  Hyer  had  sat  in  the  Confederate 
Congress  and  W.  P.  Johnson  in  the  Confederate  Senate. 
Johnson  had  been  elected  to  the  United  States  Senate  but 
was  expelled.  Norton  had  been  elected  twice  to  the  United 
States  Congress  as  Representative  but  had  been  counted 
out  once. 

Five  delegates  had  held  important  positions  on  the  bench. 
W.  P.  Johnson,  Norton  and  Pipkin  had  been  circuit  judges; 
Adams  had  served  on  the  Missouri  Supreme  Court;  and 
Bradfield  had  served  in  Texas  as  a  district  judge  under  the 
Confederacy. 

Twenty-eight  delegates,  or  two-fifths  of  the  total  num- 
ber, had  legislative  or  high  state  executive  experience.  Three 
had  served  in  the  Missouri  Constitutional  Convention  of  1845, 
and  one  in  the  Missouri  Constitutional  Convention  of  1865." 
One  other,  Rucker,  had  sat  in  the  Montana  Constitutional 


"Shoemaker,  Missouri's  Struggle  for  Statehood,  p.  149flf. 

J^These  held  no  political  office:  Black,  Boone  (?),  Chrisman,  Crews,  Conway, 
Dryden,  Dysart,  J.  C.  Edwards,  Hammond  (?),  Ilolliday,  McAfee,  Maxey,  Nickerson, 
Rider,  Rippey,  and  J.  W.  Ross,  Crews  and  McAfee  had  been  candidates  for  Congress, 
and  J.  W.  Ross  for  prosecuting  attorney.  Of  these  sixteen,  twelve  were  lawyers,  and 
one  each  was  a  banker,  farmer,  doctor,  and  editor. 

'•Broadhead,  Massey  and  Pipkin  sat  in  the  1S45  Constitutional  Convention; 
Switzler  in  the  1865  body. 


CONSTITUTIONAL  CONVENTION,   1875         69 

Convention.  Nine  had  been  elected  to  the  memorable 
Missouri  State  Convention  of  1861-1863.=">  Twenty  had 
seen  service  in  the  Missouri  Legislature' — twelve  in  the  House, 
three  in  the  Senate,  and  five  in  both  bodies. ^^  H.  B.  Johnson 
had  been  Attorney-General  of  Missouri,  and  Massey  had 
been  twice  elected  Secretary  of  State  of  Missouri.  Broad- 
head,  Lay  and  Gantt  had  been  United  States  district  attor- 
neys, and  Halliburton  had  been  receiver  of  public  money 
for  the  Chariton  land  district. 

Thirty-six  delegates  had  held  some  county  or  local 
public  ofTice.  These  offices  were  usually  such  as  prosecuting 
attorney,  councilman,  county  assessor,  clerk,  judge,  surveyor, 
school  commissioner,  probate  judge  and  justice  of  the  peace^^. 

The  public  life  of  the  delegates  after  1875  is  more  no- 
table but  less  general  than  their  careers  before  the  war. 
Forty-one  members,  or  sixty  per  cent  of  the  sixty-eight 
delegates  held  no  public  position  of  state-wide  eminence  af- 
ter the  Convention.  Twenty-three  of  these  held  no  political 
or  public  civil  ofTice,  and  eighteen  held  only  purely  political 
party  or  minor  civil  offices. ^^ 

Of  the  remaining  twenty-seven  delegates,  seven  sat  in 
Congress,  thirteen  in  the  Missouri  General  Assembly  (in- 
cluding one  who  was  later  a  Congressman),  one  became 
Lieutenant-Governor  of  Missouri,  two  sat  on  the  Supreme 
Court  Bench  of  Missouri,  one  served  as  judge  of  the  St. 


"In  the  1861-1863  convention  were:  Broadhead,  Eitzen,  Gantt,  Norton,  Pipkin, 
J.  P.  Ross,  Shackelford,  Shanklin,  and  J.  W.  Ross. 

"Former  House  members  were:  J.  F.  T.  Edwards,  Hale,  Hardin,  W.  P.  Johnson, 
Letcher,  Mabrey,  Mortell,  Mudd,  Pipkin,  Pulitzer,  Roberts,  and  Switzler.  Former 
Senate  members  were:  Gottschalk  (president  pro  tem),  Massey  and  Priest.  Dele- 
gates who  had  served  in  both  bodies  were :  Broadhead,  Brockmeyer  Halliburton  Hjrer, 
and  Watkins  (speaker  of  the  Hoiise,  also). 

32The  thirty-six  delegates  were:  Allen,  Alexander,  Brockmeyer,  Carleton,  Cottey, 
Davis,  J.  F.  T.  Edwards,  Farris,  Fyan,  Gantt,  Gottschalk,  Halliburton,  Hardin,  H.  B. 
Johnson,  W.  P.  Johnson,  Johnston,  Lackland,  Letcher,  Mabrey,  McKee,  McKillop, 
Mortell,  Mudd,  Norton,  Pipkin,  Priest,  Pulitzer,  Ray,  J.  P.  Ross,  ShankUn,  Shields, 
A.  R.  Taylor,  J.  H.  Taylor,  Wagner,  and  Wallace. 

"The  twenty-three  delegates  were:  Adams,  Chrisman,  Crews,  Dysart,  Hardin, 
Hyer,  H.  B.  Johnson,  W.  P.  Johnson,  Johnston,  Letcher,  Mabrey,  McKee,  Massey, 
Mortell,  Pipkin,  Ray,  Roberts,  J.  P.  Ross,  Rucker,  A.  R.  Taylor,  Wagner,  Wallace, 
and  Watkins. 

The  eighteen  members  were:  Allen,  Boone,  Bradfield,  Conway,  Crockett,  J.  C. 
Edwards,  J.  F.  T.  Edwards,  Holliday,  McAfee,  McCabe,  Nickerson,  Rider,  J.  W.  Ross, 
Shackelford,  Shanklin,  Spaunhorst,  J.  H.  Taylor,  and  Todd. 


70  JOURNAL  OF  THE  MISSOURI 

Louis  Court  of  Appeals,  one  sat  in  the  Oklahoma  Constitu- 
tional Convention  of  1908,  one  was  consul  to  Stuttgart,  one 
became  Assistant  Attorney-General  of  the  United  States  and 
agent  and  counsel  of  the  United  States  Chilian  Claims  Com- 
mission, and  one  became  chief  of  the  bureau  of  statistics  of 
the  United  States  Treasury  Department. ^^  Of  these  twenty- 
seven,  four  served  as  circuit  judges,  one  as  a  member  of  the 
French  Spoliation  Claims  Commission,  and  later  as  minister 
to  Switzerland,  and  a  number  held  local  civil  positions. ^'^ 

This  resume  on  office  holding  shows  clearly  that  fewer 
delegates  participated  in  public  life  after  1875  than  before. 
It  also  shows,  however,  that  after  1875  more  delegates 
reached  higher  offices,  such  as  Congress,  the  Bench,  and 
the  United  States  administrative  and  diplomatic  service. 
It  should  also  not  be  forgotten  that  some  attained  high 
eminence  in  their  vocations,  which  were  largely  of  a  public 
nature.  The  law  and  the  press  are  at  least  semi-public. 
Some  of  Missouri's  ablest  lawyers  were  in  this  Convention 
and  enjoyed  almost  a  nation  wide  reputation  after  1875. 
Certainly  one  of  Missouri's  most  eminent  journalists, 
Joseph  Pulitzer,  sat  in  this  body,  and  finally  reached  the 
pinnacle  of  fame  and  power  in  his  field  after  1875.  The 
Convention  seated  no  such  great  public  men  as  a  Bates  or  a 
Barton,  but  it  did  have  such  remarkable  men  as  a  Broadhead, 
a  Brockmeyer,  and  a  Pulitzer. 

The  Missouri  Constitutional  Convention  of  1875  was 
composed  of  delegates  of  ability,  education  and  experience. 


'♦The  seven  Congressmen  were:  Alexander,  Broadhead,  Davis,  (three  terms), 
Fyan  (three  terms).  Hale,  Lay,  and  Pulitzer  (from  N.  Y.). 

The  thirteen  assemblymen  were:  Carleton  (three  terras  as  representative  and 
one  term  as  senator),  Cottey  (both  as  representative  and  as  senator),  Davis  (representa- 
tive), Dryden  (representative),  Halliburton  (senator),  Hammond  (representative), 
Lackland  (representative),  McKillop  (senator),  Mudd  (representative).  Priest  (repre- 
sentative), and  Rippey  (representative). 

Erockmeyer  became  Lieutenant-Governor  of  Missouri. 

Black  and  Norton  became  juds^es  of  the  Supremo  Court. 

Gantt  was  presiding  jud?e  of  the  St.  Louis  Court  of  Appeals. 

Maxey  helped  frame  Oklahoma's  Constitution  of  1908. 

Gottschalk  became  consul  to  Stuttgart. 

Shields  was  connected  with  the  United  States  Department  of  Justice,  etc.,  and 
Switzler  with  the  bureau  of  statistics. 

"The  four  circuit  judges  were:  Black,  Fyan,  Gottschalk  and  Shields.  Broad- 
head became  minister  to  Switzerland. 


CONSTITUTIONAL  CONVENTION,   1875         71 

These  qualifications  were  real  assets  and  made  possible  the 
drafting  of  a  strong  constitution.  The  delegates  were  also 
men  of  means.  This  fact  favored  the  drafting  of  a  conserva- 
tive constitution  containing  stringent  restrictions  on  public 
taxation,  bonded  indebtedness  and  state  and  local  expendi- 
tures. This  factor  also  worked  toward  a  general  decen- 
tralized financial  system  which  was  subject  to  the  best 
conservative  regulations  that  could  be  desired,  express 
limitations  in  the  Constitution  and  local  control.  The  dele- 
gates were  men  of  rather  mature  age,  fifty  per  cent  averaging 
fifty-six  years  old.  Such  a  body  of  men  is  again  inclined 
toward  conservatism,  especially  so  if  their  later  years  have 
embraced  a  period  of  war  time  inflation,  property  insecurity, 
increasing  public  indebtedness,  rising  taxes,  and  falling 
prices  culminating  in  a  general  financial  depression.  As  a 
result  of  these  facts,  the  personnel  of  this  Convention  made 
possible  only  one  kind  of  a  Constitution — a  fundamental 
law  that  would  adequately  and  fully  meet  such  needs  and 
problems  as  had  been  peculiar  to  Missouri  during  the  pre- 
vious decade  and  a  half.  The  result  was  a  conservative, 
detailed,  restrictive,  document,  which,  despite  nearly  fifty 
years  of  such  growth  and  progress  in  this  state  as  no  one 
would  have  dared  prophesy  in  1875,  is  still  Missouri's 
organic  law. 


BIOGRAPHICAL  SKETCHES  OF 
THE  DELEGATES 

BY  BUEL  LEOPARD. 

Waldo  P.  Johnson  (Democrat),  president  of  the  Con- 
vention, was  born  in  Bridgeport,  Virginia,  September  16, 
1817.  He  was  educated  at  Rector  College  in  Pruntytown, 
Virginia,  graduating  in  1839.  He  then  studied  law  and  was 
admitted  to  the  bar  in  1842.  In  1843  he  came  to  Missouri 
and  located  in  Osceola.  In  1846  he  was  elected  to  the 
Missouri  Legislature.  He  was  made  circuit  attorney  for 
the  Seventh  judicial  district  in  1848  and  in  1851  was  elected 
judge,  but  resigned  in  1852.  In  1854  he  was  nominated  for 
Congress  but  was  defeated  by  a  small  majority.  In  1861  he 
was  made  a  delegate  from  Missouri  to  the  Peace  Conference 
which  met  in  Washington  in  February.  He  was  later  made 
United  States  Senator,  taking  his  seat  in  July,  1861.  He 
made  an  effort  to  have  a  convention  called  at  Louisville  to 
try  to  adjust  the  differences  between  the  North  and  South 
but  the  resolution  failed.  On  January  10,  1862,  he  was  ex- 
pelled for  disloyalty.  The  following  year  he  was  appointed 
to  the  Senate  of  the  Confederate  States.  Threatened  with 
arrest  by  the  United  States  Government  at  the  close  of  the 
war,  he  made  a  residence  in  Canada  until  1866.  He  was 
then  paroled  and  returned  to  Osceola.  From  1876  to  1884 
he  practiced  law  in  St.  Louis,  after  which  he  returned  to 
Osceola,  although  he  still  maintained  an  office  in  St.  Louis. 
He  served  in  the  Mexican  War  and,  previous  to  his  appoint- 
ment to  the  Confederate  Senate,  had  seen  active  service  in 
the  Southern  Army.  In  1847  he  was  married  to  Miss 
Emily  Moore  of  Clarksburg,  Virginia.  He  died  in  Osceola, 
August  14,  1885. 

Nathaniel  Watkins  (Democrat),  vice-president  of  the 
Convention,  was  born  in  Woodford  county,  Kentucky, 
January  28,  1796.     He  was  a  half-brother  of  Henry  Clay. 

(72) 


CONSTITUTIONAL  CON/ENTION,   1875         73 

He  served  in  the  War  of  1812.  His  early  education  was 
largely  self-acquired.  He  studied  law  in  Transylvania 
University,  graduating  with  distinction.*  He  later  studied 
law  under  the  direction  of  Judge  Henry  Davidge  ojf  Gallatin 
county,  Kentucky,  and  was  licensed  to  practice  in  1819. 
Coming  to  Missouri  in  1820,  he  located  in  Jackson,  where 
he  practised  for  more  than  fifty  years.  The  last  few  years 
of  his  life  were  spent  on  his  farm  in  Scott  county.  He  held 
a  number  of  public  offices:  in  1834,  1846  and  1850  he  was  a 
member  of  the  Missouri  House  of  Representatives,  and  was 
elected  Speaker  in  1850.  In  1856  he  was  elected  to  the  State 
Senate.  He  was  a  member  of  the  State  Convention  in  1861 
but  abandoned  his  seat  after  the  capture  of  Camp  Jackson. 
Governor  Jackson  appointed  him  brigadier-general  in  the 
First  military  district  of  the  State  which  embraced  South- 
east Missouri.  He  organized  the  Missouri  State  Guards  in 
that  district  but  soon  resigned  his  command.  He  married 
Miss  Eliza  M.  Watson  of  New  Madrid.  He  died  in  Cape 
Girardeau,  March  20,  1876. 

Washington  Adams  (Democrat)  was  born  in  Christian 
county,  Kentucky,  in  1814.  He  received  an  academic 
education  and  then  read  law  in  Boonville,  Missouri,  with 
Peyton  R.  Hayden.  He  was  licensed  to  practice  law  in  1835, 
and  except  when  serving  in  public  office,  practiced  in  Boon- 
ville until  his  death.  In  December,  1871,  he  was  appointed 
by  Governor  Brown  to  fill  a  vacancy  in  the  Supreme  Court. 
At  the  November  election  in  1872  he  was  elected  to  the  same 
office,  but  resigned  in  October,  1874.  In  1840  he  married 
Miss  Eliza  Brown  of  Cynthiana,  Kentucky.  He  was  a  mem- 
ber of  the  Episcopal  church.  He  died  in  Boonville,  May  7, 
1883. 

Armsted  M.  Alexander  (Democrat)  was  born  in  Clark 
county,  Kentucky,  May  26,  1834,  and  died  in  Paris,  Mis- 
souri,  November  7,    1892.     The  family  came  to   Monroe 


♦Tills  statement  is  found  in  Bay,  "Bench  and  Bar  of  Missouri"  but  is  not  found 
in  any  of  the  other  biographies  of  Mr.  Watkins. 


74  JOURNAL  OF  THE  MISSOURI 

county,  Missouri,  in  1841.  He  received  a  public  school 
education  and  attended  the  University  of  Virginia,  studying 
two  years  in  the  classical  department  and  one  year  in  the 
School  of  Law.  He  completed  his  legal  studies  at  home  and 
was  licensed  to  practice  in  1862.  He  was  prosecuting  attor- 
ney of  Monroe  county  for  six  or  eight  years,  and  was  a  mem- 
ber of  the  Forty-eighth  Congress.  Llis  wife  was  a  daughter 
of  Thomas  Vaughn  of  Paris.  He  was  a  member  of  the 
Christian  church  and  of  the  Odd  Fellow  fraternity. 

Dewttt  C.  Allen  (Democrat)  was  born  in  Clay  county, 
Missouri,  November  11,  1835,  and  with  the  exception  of 
about  two  years,  spent  all  of  his  life  in  that  county.  He 
was  graduated  from  William  Jewell  College  in  1855  after 
which  he  was  principal  of  the  preparatory  department  of 
the  Masonic  College  at  Lexington.  He  then  studied  law 
under  the  direction  of  Col.  Alexander  W.  Doniphan.  He 
later  studied  with  Richard  M.  Rees  in  Leavenworth,  Kansas. 
He  was  admitted  to  the  bar  in  1860  and  began  to  practice 
at  Liberty.  He  was  elected  circuit  attorney  for  the  Fifth 
judicial  district  in  1860,  but  being  a  Southern  sympathizer, 
he  declined  to  take  the  test  oath  in  1861  and  resigned.  For 
a  time  he  was  an  officer  of  the  Kansas  City  &  Cameron  Rail- 
road and  aided  in  securing  the  construction  of  the  branch 
from  Cameron  to  Kansas  City.  In  1896  he  was  a  presiden- 
tial elector  at  large  from  Missouri.  He  was  awarded  the 
degree  of  LL.  D.  by  the  University  of  Missouri  and  was  for 
many  years  a  trustee  of  William  Jewell  College.  He  was 
the  author  of  "Sketch  of  the  Life  and  Character  of  Colonel 
Alexander  W.  Doniphan"  and  other  historical  and  bio- 
graphical articles.  In  1864  he  married  Miss  Emily  E.  Settle 
of  Ray  county.  He  was  a  member  of  the  Masonic  order. 
Mr.  Allen  died  February  12,  1920. 

Francis  M.  Black  (Democrat)  was  born  in  Champaign 
county,  Ohio,  July  24,  1836,  and  died  in  Kansas  City,  Mis- 
souri, May  24,  1902.  He  attended  the  common  schools  and 
then  taught  school  until  he  reached  the  age  of  twenty-two. 


CONSTITUTIONAL  CONVENTION,   1875         75 

At  that  time  he  entered  the  Farmers'  College  at  New  Cin- 
cinnati, Ohio,  graduating  three  years  later.  He  then  read 
law  with  General  John  H.  Young  of  Urbana,  Ohio,  and  was 
admitted  to  the  bar  in  1864.  He  located  in  Kansas  City, 
Missouri,  and  made  that  city  his  home  until  his  death,  ex- 
cept when  holding  public  office.  In  1880  he  was  elected 
judge  of  the  Twenty-fourth  judicial  circuit.  He  was  elected 
to  the  Supreme  Court  of  Missouri  in  1884  and  served  as 
Chief  Justice  during  1893-94.  He  was  a  candidate  for  re- 
election in  1894,  but,  with  the  rest  of  the  Democratic  ticket, 
he  was  defeated.  Mr.  Black  helped  to  establish  the  Kansas 
City  School  of  Law,  served  as  its  president  and  gave  his 
services  as  a  lecturer  free.  For  several  years  before  his 
death  he  served  as  special  attorney  for  the  police  board.     In 

1867  he  married  Miss  Susie  Geiger  of  Dayton,  Ohio. 

Henry  Boone  (Democrat)  was  born  in  West  Virginia 
in  1831  and  died  in  Eldorado  Springs,  Missouri,  December 
10,  1919.  His  father  was  a  cousin  of  Daniel  Boone.  He 
studied  law  and  was  just  beginning  to  practice  when  the 
Civil  War  began.  During  that  struggle  he  served  as  a 
colonel  in  the  Confederate  army.  After  the  close  of  the  war, 
he  went  to  Kansas  where  he  taught  school  for  a  time.     In 

1868  he  removed  to  DeKalb  county,  Missouri.  For  the 
next  forty  years  he  practiced  law  at  Union  Star.  He  also 
engaged  in  farming.  About  1880  he  was  elected  prosecuting 
attorney  of  DeKalb  county.  He  lived  in  Eldorado  Springs, 
Missouri,  from  1914  until  his  death.  In  1865  he  married 
Miss  Elizabeth  Parsons.  He  was  a  member  of  the  Christian 
church. 

George  W.  Bradfield  (Democrat)  was  born  in  Snick- 
ersville,  Loudon  county,  Virginia,  April  26,  1821.  He 
received  a  common  school  education  after  which  he  studied 
law  and  was  admitted  to  the  bar.  In  1858  he  went  to  Knox- 
ville,  Tennessee,  where  he  had  charge  of  the  Knoxville 
Register  until  the  Civil  War.  During  that  war  he  was 
appointed  a  district  judge  of  the  Confederate  States  in  the 
Texas  division.     He  later  served  as  secretary  to  Postmaster- 


76  JOURNAL  OF  THE  MISSOURI 

General  Reagan  in  President  Davis'  cabinet.  He  came  to 
Lebanon,  Missouri,  in  1867,  where  he  spent  the  remainder 
of  his  life.  He  served  several  terms  in  the  offices  of  prose- 
cuting attorney  and  probate  judge  of  Laclede  county.  On 
January  16,  1846,  he  married  Miss  Matilda  Ellen  Klein, 
who  died  in  1861.  He  was  then  married  to  Miss  Mary  J. 
Hudson  in  1868.  He  was  a  member  of  the  Congregational 
church.     He  died  in  Lebanon,  January  20,  1904. 

James  0.  Broadhead  (Democrat)  was  born  in  Char- 
lottesville, Albermarle  county,  Virginia,  May  29,  1819.  He 
attended  a  classical  school  at  Red  Hills,  Virginia.  At  the 
age  of  sixteen  he  entered  the  Un  versity  of  Virginia  where  he 
remained  for  one  year.  After  teaching  for  a  year  in  a  private 
school  in  Baltimore  he  came  to  Missouri  in  1837.  For  three 
years  he  was  tutor  in  the  family  of  Edward  Bates  and  read 
law  with  Mr.  Bates.  He  was  admitted  to  the  bar  in  1842. 
He  practiced  in  Bowling  Green  until  1859  and  then  removed 
to  St.  Louis.  Prior  to  the  Civil  War  he  was  a  member  of 
the  Whig  party.  He  was  a  delegate  to  the  State  Constitu- 
tional Convention  in  1845.  In  1846  he  was  elected  to  the 
lower  House  of  the  Legislature  and  in  1850  became  a  member 
of  the  State  Senate.  Lie  was  again  a  delegate  to  the  State 
Convention  in  1861.  In  the  same  year  he  was  appointed 
United  States  district  attorney  but  soon  resigned.  When 
the  Civil  War  broke  out,  Mr.  Broadhead  gave  all  his  energy 
towards  keeping  Missouri  in  the  Union.  He  was  a  member 
of  the  St.  Louis  Committee  of  Safety  and  was  lieutenant- 
colonel  of  volunteers.  Lie  was  then  made  provost-marshal- 
general  of  the  Military  Department  of  Missouri,  Arkansas, 
Kansas,  Indian  Territory  and  Southern  Iowa.  In  1876  he 
was  the  choice  of  the  Missouri  delegation  of  his  party  for 
president.  He  was  elected  to  Congress  in  1882.  In  1885  he 
was  appointed  to  make  examination  of  the  French  Spoliation 
Claims.  He  was  minister  to  Switzerland  from  1893-1897. 
He  was  president  of  the  American  Bar  Association  in  1878. 
In  1847  he  was  married  to  Miss  Mary  S.  Dorsey,  a  native 
of  Maryland.     He  died  in  St.  Louis,  August  7,  1898. 


CONSTITUTIONAL  CONVENTION,   1875         77 

Henry  C.  Brockmeyer  (Democrat)  a  nephew  of  the 
"Iron  Chancellor"  Bismarck,  was  born  near  Minden, 
Prussia,  August  12,  1828.  He  received  a  thorough  education 
in  the  common  schools  of  Prussia.  At  the  age  of  sixteen 
he  left  his  home  and  came  to  the  United  States.  When  he 
landed  in  New  York  he  knew  only  a  few  words  of  English 
and  had  only  twenty-five  cents.  For  a  time  he  worked  as 
a  bootblack  along  the  Bowery.  He  then  learned  the  currier's 
and  tanner's  trade.  After  learning  the  trade  he  worked  in 
several  cities  and  then  set  up  an  establishment  of  his  own  at 
Oktibbeha,  Mississippi.  With  his  trade  he  combined  the 
making  of  boots  and  shoes.  The  business  was  highly  suc- 
cessful but  he  was  forced  to  give  it  up  on  account  of  his 
health.  He  then  entered  the  preparatory  department  of 
Georgetown  College  (Kentucky),  where  he  remained  for  two 
years.  He  later  attended  Brown  University  for  almost 
two  years.  In  1854  he  came  to  St.  Louis  for  a  second  time, 
having  worked  there  for  a  few  months  in  1848.  He  then 
went  to  Warren  county  where  he  lived  the  life  of  a  recluse 
for  several  years.  Returning  to  St.  Louis  he  worked  in  a 
foundry  and  taught  a  class  in  German  philosophy  in  the 
evenings.  He  later  bought  a  farm  and  resided  in  Warren 
county.  During  the  Civil  War  he  served  for 
a  short  time  in  the  militia  with  the  rank  of 
captain.  In  1862  he  was  elected  to  the  Legislature 
from  Warren  county.  In  1864  Mr.  Brockmeyer  went  to 
St.  Louis  and  opened  a  law  ofTice,  having  previously  been 
admitted  to  the  bar  in  Warren  County.  In  1866  he  was 
elected  to  the  St.  Louis  board  of  alderman.  In  1870  he  was 
elected  State  Senator  and  in  1876  became  Lieutenant-Gover- 
nor. For  many  years  he  was  a  prominent  political  speaker 
in  this  and  other  states.  He  was  a  leader  in  intellectual 
circles  in  St.  Louis.  He  was  the  author  of  a  drama  "A  Foggy 
Night  at  Newport"  and  was  a  contributor  to  the  Journal  of 
Speculative  Philosophy.  He  translated  Hegel's  "Logic"  but 
it  was  never  published,  owing  to  the  failure  of  the  publishing 
house.     In  1861  he  married  Miss  Elizabeth  Robertson,  who 


78  JOURNAL  OF  THE  MISSOURI 

died  in  1864.     In  1867  he  married  Miss  Julia  Keinlan.     Mr. 
Brockmeyer  died  in  St.  Louis,  July  26,  1906. 

George  \Y.  Carleton  (Democrat)  was  born  in  Still- 
water, Saratoga  county.  New  York,  April  19,  1830.  The 
same  year  his  family  moved  to  St.  Clair  county,  Michigan. 
There  he  was  reared  and  educated,  attending  the  high  schools 
of  St.  Clair,  and  fitted  himself  for  the  profession  of  civil 
engineering.  In  1852  he  came  to  New  Madrid,  Missouri, 
where  he  taught  for  a  time.  In  January,  1855  he  removed 
to  Gayoso,  Pemiscot  county,  and  a  few  months  later  was 
appointed  clerk  of  the  county  court.  In  the  latter  part  of 
the  year  he  was  elected  county  surveyor.  In  1860  he  was 
chosen  clerk  of  the  county  court  for  a  term  of  six  years  and 
was  also  deputy  clerk  of  the  circuit  court.  At  first  he  was  a 
Union  man  but  opposed  abolition.  After  the  capture  of 
Camp  Jackson,  he  decided  to  join  the  Confederacy.  At  the 
approach  of  the  Federal  troops,  he  took  the  records  of  Pemi- 
scot county  to  Memphis,  where  they  remained  until  the 
close  of  the  war.  He  first  enlisted  in  the  Confederate  States 
Navy  but  was  later  transferred  to  the  engineering  depart- 
ment of  the  army  with  the  rank  of  major.  At  the  close  of 
the  war  he  helped  reorganize  the  government  of  Pemiscot 
county.  He  then  studied  law  and  was  admitted  to  the  bar 
in  1871.  For  four  consecutive  sessions,  1879-1885,  he 
represented  Pemiscot  county  in  the  lower  House  of  the 
General  Assembly  and  in  1888  was  elected  to  the  State 
Senate.  He  also  served  as  county  school  commissioner  and 
county  commissioner  of  swamp  lands.  After  the  burning 
of  the  county  records  in  1882  his  abstract  of  land  titles  was 
made  evidence  in  all  courts  by  the  Legislature.  From  1871- 
76  and  1887-92  he  was  editor  of  the  Gayoso  Democrat.  He 
was  one  of  the  pioneers  in  the  belief  in  the  future  of  Pemiscot 
county.  In  1853  he  married  Miss  Summerville  Tomlin. 
He  was  a  member  of  the  Masonic  order.  He  died  in  Gayoso, 
March  31,  1893. 

William  Chrisman  (Democrat)  was  born  in  Fayette 
county,   Kentucky,   in   1822.     He   attended   the  schools  in 


CONSTITUTIONAL  CONVENTION,   1875         79 

that  county  and  then  entered  Georgetown  College.  He 
later  attended  Center  College  at  Danville,  Kentucky,  from 
which  institution  he  received  the  degrees  of  A.  B.  and  A.  M. 
in  1846.  He  studied  law  in  Danville  and  was  admitted  to 
the  bar  in  1847.  He  came  to  Independence,  Missouri,  in 
1848  and  from  that  time  until  1871  he  engaged  in  the  prac- 
tice of  law.  In  1857  he  helped  organize  the  banking  house 
of  Chrisman,  Sawyer  &  Company.  He  was  one  of  the  in- 
corporators of  the  First  National  Bank  of  Independence  in 
1865.  He  helped  establish  the  Independence  Female  Col- 
lege and  the  Independence  Library  and  gave  liberally  to  both. 
After  1871,  he  retired  from  the  practice  of  law  and  gave  his 
time  to  looking  after  his  banking  interests  and  in  developing 
his  large  farm  near  Lee's  Summit.  In  1848  he  married  Miss 
Lucy  A.  Lee  of  Danville,  Kentucky.  He  was  a  member  of 
the  Presbyterian  church.     He  died  in  1897. 

Edmund  V.  Conway  (Democrat)  was  born  in  St.  Louis 
county,  Missouri,  May  11,  1842.  He  studied  law  in  Dan- 
ville, Kentucky,  and  practiced  in  Southeast  Missouri,  hav- 
ing his  office  in  Farmington.  At  one  time  he  was  judge  of 
the  probate  court  of  St.  Francois  county.  He  was  a  hearty 
supporter  of  the  Confederacy  but  on  account  of  a  severe  in- 
jury he  was  unable  to  take  an  active  part  in  the  war.  In 
1868  he  married  Miss  Cora  Barritt.  He  was  a  member  of 
the  Knights  of  Pythias,  Royal  Arcanum  and  Masons.  For 
many  years  he  was  a  prominent  member  of  the  Presby- 
terian church.     He  died  in  St.  Louis  in  April,  1884. 

Louis  F.  Cottey  (Democrat)  was  a  resident  of  Knox 
county  all  of  his  life.  He  was  born  March  31,  1846. 
He  attended  school  at  Palmyra  for  a  year  and  then  entered 
Central  College  in  Fayette,  Missouri,  graduating  in  1869. 
After  teaching  school  for  two  terms  he  began  the  study  of 
law  under  Col.  A.  W.  Doniphan  in  Richmond  and  was  ad- 
mitted to  the  bar  in  1871  and  practiced  in  Edina  after 
that  time.  In  1872  he  was  elected  county  superintendent  of 
schools  and  held  the  office  for  two  terms.  In  1876  he  was 
elected  to  the  lower  House  of  the  Legislature  and  in  1878  he 


80  JOURNAL  OF  THE  MISSOURI 

became  a  member  of  the  State  Senate.  He  was  a  delegate 
to  the  State  convention  that  nominated  Phelps  and  Critten- 
den and  to  the  Democratic  national  convention  of  1896. 
From  1903-08  he  was  a  member  of  the  State  Board  of  Geo- 
logy and  Mines.  In  1909  he  bought  a  farm  near  Edina. 
On  August  5,  1886,  he  married  Mrs.  Florence  McGonigle. 
Mr.Cottey  was  a  member  of  the  Methodist  EpiscopalChurch, 
South.     Mr.  Cottey  died  July  29,  1920. 

T.  W.  B.  Crews  (Democrat)  was  born  in  Henry  county, 
Virginia,  March  16,  1832.  He  was  educated  at  Jefferson 
College  (Pennsylvania)  and  Union  College  (New  York), 
graduating  from  the  latter  in  1852.  He  then  studied  law 
with  Judge  John  C.  Wright  of  Schnectady,  New  York,  and 
completed  his  studies  with  W.  B.  Napton  of  Saline  county, 
Missouri.  From  1855  until  the  outbreak  of  the  Civil  War, 
he  practiced  law  in  Marshall,  Missouri.  He  served  for  a 
time  in  the  Confederate  Army  and  was  promoted  to  the  rank 
of  lieutenant-colonel.  Being  prevented  by  sickness  from 
further  military  service,  he  returned  home.  He  was  cap- 
tured by  the  Union  troops  and  taken  to  St.  Louis.  After 
a  time  he  was  paroled  but  required  to  report  in  St.  Louis 
every  week.  In  order  to  be  near  military  headquarters  he 
removed  to  Franklin  county  and  made  that  place  his  home 
the  remainder  of  his  life.  In  1865  he  opened  a  law  office  in 
St.  Louis.  With  the  exception  of  being  a  delegate  to  the 
Constitutional  Convention  of  1875,  he  held  no  public  offices. 
In  1882  he  lost  the  nomination  for  Congress  by  only  one 
vote.  He  married  Miss  Virginia  Jeffries  in  1857.  He 
died  in  St.  Louis,  June  25,  1891. 

Samuel  R.  Crockett  (Democrat)  was  born  in  Frank- 
fort, Kentucky,  May  15,  1831,  and  died  in  Nevada,  Missouri, 
November  11,  1913.  He  was  educated  in  the  Frankfort 
schools  and  then  studied  law.  He  located  in  Vernon  county, 
Missouri,  in  1868.  In  1870  he  was  elected  circuit  clerk  of 
Vernon  county.  After  1875  he  was,  for  a  time,  a  resident 
of  Texas.  Returning  to  Missouri,  he  lived  in  Cedar  county 
for  a  number  of  years,  and  served  a  term  as  probate  judge 


CONSTITUTIONAL  CONVENTION,   1875         81 

of  that  county.  He  later  returned  to  Nevada.  For  a  num- 
ber of  years  he  was  editor  of  the  Vernon  County  Democrat. 
While  he  did  not  see  actual  service  in  the  Civil  War,  his 
sympathies  were  with  the  South.  In  1862  he  married 
Miss  Helen  Marr  Duncan  of  Cooper  county.  He  was  a 
member  of  the  Presbyterian  church. 

Lowndes  Henry  Davis  (Democrat)  was  born  in  Jack- 
son, Missouri,  December  14,  1836  and  died  in  Cape  Girar- 
deau, Missouri,  February  5,  1920.  After  finishing  the  course 
at  Arcadia  Academy,  he  entered  Asbury  University  at 
Greencastle,  Indiana,  where  he  graduated.  He  then  attend- 
ed Yale  College,  finishing  the  course  in  1860.  The  Civil 
War  interferred  with  his  plans  of  going  to  Germany  and  he 
attended  the  Louisville  Law  School,  gradauting  in  1863. 
He  was  a  Southern  sympathizer  but  did  not  take  an  active 
part  in  the  war.  He  opened  a  law  office  in  Jackson  in  1865. 
From  1868  to  1872  he  was  attorney  for  the  Tenth  judicial 
district.  In  1872  he  was  an  elector  on  the  Brown-Greeley 
ticket.  In  1876  he  was  elected  to  the  lower  House  of  the 
General  Assembly.  Two  years  later  he  became  a  member 
of  Congress  and  was  reelected  in  1880  and  again  in  1882. 
He  removed  to  Huntsville,  Alabama,  in  1892  where  he  lived 
on  a  plantation.  In  1861  he  married  Miss  Belle  Hall  of 
Shelbyville,  Kentucky.  He  was  a  Mason  and  head  of 
various  temperance  organizations.  In  1897  he  united  with 
the  Catholic  church. 

Leonidas  J.  Dryden  (Democrat)  was  born  in  Mont- 
gomery county,  Missouri,  December  31,  1835  and  died  in 
St.  Louis,  December  28,  1909,  He  was  educated  at  St. 
Paul's  College  at  Palm.yra,  Missouri.  He  later  studied  law 
with  his  brother,  John  D.  S.  Dryden,  and  was  admitted  to 
the  bar  at  Warrenton  in  1859.  There  he  practiced  until 
1901,  specializing  in  commercial  law.  In  1876  he  was 
elected  to  the  Missouri  House  of  Representatives.  Mr. 
Dryden  sympathized  with  the  South  during  the  Civil  War, 
although  he  had  freed  his  slaves  before  the  beginning  of  the 


82  JOURNAL  OF  THE  MISSOURI 

war.  In  1859  he  married  Miss  Sarah  C.  Houston  of  Warren- 
ton.  He  was  a  member  of  the  Presbyterian  church  and  of 
the  Masonic  order. 

Benjamin  R.  Dysart  (Democrat)  was  born  in  Howard 
county,  Missouri,  April  13,  1834.  He  entered  Central  Col- 
lege at  Fayette,  Missouri,  in  1855  and  attended  McGee 
College  in  Macon  county  in  1856  and  1857.  His  legal 
training  he  obtained  in  Cumberland  College  at  Lebanon, 
Tennessee.  Lie  began  the  practice  of  law  at  Bloomington, 
which  was  then  the  county  seat  of  Macon  county.  In  1861 
he  entered  the  Confederate  Army  as  captain  of  a  company 
under  General  Price.  Being  severely  wounded  in  the  battle 
of  Wilson's  Creek,  he  was  forced  to  retire  from  active  service. 
In  1862  he  removed  to  Macon,  where  he  has  since  practiced. 
On  March  27,  1866,  Mr.  Dysart  married  Miss  Emma  V. 
Turner  of  Pike  county,  Missouri.  He  is- a  member  of  the 
Presbyterian  church  and  of  the  Masons. 

James  C.  Edwards  (Democrat)  was  born  in  Henry 
county,  Virginia,  August  25,  1824.  About  1833  the  family 
removed  to  Howard  county,  Missouri.  His  education  was 
obtained  in  private  academies.  In  1846  he  located  on  a 
farm  in  St.  Ferdinand  township  in  St.  Louis  county,  after 
having  spent  several  years  as  clerk  and  commander  of  boats 
on  the  Mississippi  and  other  western  streams.  From  time 
to  time  he  added  to  his  farm  until  he  had  a  large  estate. 
From  1848  to  1861  he  was  a  director  of  the  North  A4issouri 
Railroad  and  a  part  of  the  time  served  as  president.'  In 
1877  he  was  appointed  associate  justice  of  the  county  court 
of  St.  Louis  county  by  Governor  Phelps.  He  was  later 
treasurer  of  the  county.  During  the  Civil  War  he  was  a 
Southern  sympathizer  and  was  confined  in  the  Gratiot 
street  prison  for  a  time.  He  was  married  to  Miss  Ann  E. 
Massey,  a  native  of  Fauquier  county,  Virginia  in  1846.  Mr . 
Edwards  was  a  member  of  the  Masonic  order.  He  died  in 
St.  Louis  county,  December  15,  1883. 

J.  F.  T.  Edwards  (Democrat)  was  a  native  of  Tennessee, 
the  date  of  his  birth  being  July  25,  1826      He  came  to  Mis- 


CONSTITUTIONAL  CONVENTION,   1875         83 

souri  in  1843  and  was  one  of  the  earliest  merchants  in 
Arcadia.  He  later  practiced  law  in  Ironton.  When  Iron 
county  was  organized  in  1857  he  became  the  first  clerk  of 
the  county  and  circuit  courts.  He  represented  the  county 
in  the  Legislature  in  1873.  In  1880  he  was  elected  judge  of 
the  probate  court.  During  Cleveland's  first  administration 
he  was  postmaster  at  Ironton.  During  the  Civil  War  he 
joined  the  Confederate  Army  and  served  as  a  major  in 
Lowe's  regiment.  On  October  2,  1851,  he  married  Miss 
Belinda  Carter  who  died  within  a  year.  In  1854  he  married 
Miss  Maria  J.  Pettit.  He  was  a  member  of  the  Methodist 
church  and  of  the  Odd  Fellows.  He  died  at  Ironton,  July 
29,  1890. 

Charles  D.  Eitzen  (Republican)  was  born  in  Bremen, 
Germany,  August  20,  1819,  and  died  in  Hermann,  Missouri, 
January  1,  1896.  He  located  at  Hermann  in  1837,  about 
the  time  that  the  first  plat  of  the  town  was  made.  He  became 
a  clerk  in  a  general  store  but  soon  bought  out  his  employer. 
In  1841  he  was  commissioned  by  Charles  P.  Chateau  to  sell 
his  lands  bordering  on  the  Missouri  river  between  Washing- 
ton and  Gasconade.  He  engaged  in  the  lumber  business  in 
1855  and  was  also  agent  for  the  Meremac  Iron  Company. 
He  became  part  owner  in  two  steam  boats  and  established 
the  first  ferry  from  Hermann  to  the  north  side  of  the  river. 
At  the  time  of  his  death  he  was  the  largest  stockholder  in 
the  Laclede  Gas  Light  Company  and  the  Boatman's  Bank 
in  St.  Louis  and  was  largely  interested  in  other  banks  in 
that  city.  Mr.  Eitzen  was  for  twenty-five  years  a  member 
of  the  Hermann  town  board  and  for  the  greater  part  of  that 
time  was  mayor.  For  about  the  same  length  of  time  he  was 
identified  with  the  management  of  the  public  schools.  In 
addition  to  these  local  offices,  Mr.  Eitzen  was  a  delegate  to 
the  State  Convention  which  met  in  1861  and  was  a  member 
of  the  Twenty-ninth  General  Assembly.  He  was  a  Republi- 
can after  the  organization  of  that  party.  Previous  to  that 
time  he  had  been  a  Whig.  During  the  Civil  War  he  favored 
the  Union  and  served  as  a  captain  of  a  company  of  militia 


84  JOURNAL  OF  THE  MISSOURI 

which  was  in  active  service  for  a  time.  His  will  provided 
that  $50,000  of  his  estate  be  used  for  the  erection  of  a  court 
house  at  Hermann.  On  April  23,  1844,  he  was  married  to 
Miss  Jane  Elizabeth  Kehr  of  Hermann.  He  was  a  member 
of  the  Masonic  order. 

James  L.  Farris  (Democrat)  was  born  in  Whitley 
county,  Kentucky,  May  7,  1833,  but  in  1835  the  family  re- 
moved to  Jefferson  county,  Tennessee,  and  at  a  later  date 
to  Yancey  county.  North  Carolina.  He  attended  the  Burn- 
ville  (North  Carolina)  High  School  for  four  years.  Coming 
to  Missouri,  he  taught  school  in  Ray  county  from  1856  to 
1861.  At  the  outbreak  of  the  Civil  War  he  enlisted  in  the 
Confederate  Army  and  served  throughout  the  war,  attaining 
the  rank  of  captain.  He  then  went  to  Macoupin  county, 
Illinois,  where  he  taught  and  practiced  law.  In  1869  he 
returned  to  Richmond,  Missouri,  where  he  resided  until  his 
death.  In  1872  he  was  elected  prosecuting  attorney  of  Ray 
county.  At  four  different  times  he  represented  Ray  county 
in  the  General  Assembly,— in  1877,  1883,  1885  and  1891.  In 
1859  he  married  Miss  Amanda  Tisdale  who  died  in  1862. 
In  1873  he  married  Miss  Olivia  Gaultney.  He  was  a  mem- 
ber of  the  Methodist  church  and  of  the  Masonic  order.  He 
died  in  Excelsior  Springs,  Missouri,  May  3,  1905. 

Robert  W.  Fyan  (Liberal)  was  born  in  Bedford  county, 
Pennsylvania,  March  11,  1835.  Until  he  was  seventeen  he 
attended  the  common  schools.  After  clerking  in  a  store  for 
three  years  he  entered  the  office  of  John  Cessna  and  studied 
law.  He  was  admitted  to  the  bar  in  1858.  Moving  to 
Marshfield  the  same  year,  he  opened  a  law  office.  He  served 
one  year  as  county  attorney.  At  the  outbreak  of  the  Civil 
War,  he  entered  the  Union  Army  and  was  promoted  to  the 
rank  of  major  before  the  close  of  the  war.  In  1865  he  was 
appointed  attorney  for  the  Fourteenth  judicial  district. 
From  1866  to  1883  he  was  judge  of  that  circuit.  In  1866 
he  refused  the  Republican  nomination  for  Congress.  In 
1870  he  associated  himself  with  the  Liberal  Republicans  and 


CONSTITUTIONAL  CONVENTION,   1875         85 

was  a  delegate  to  the  State  convention.  After  the  campaign 
of  that  year  he  became  a  Democrat.  He  served  three  terms 
in  Congress,  being  elected  in  1882,  1890  and  1892.  On 
December  26,  1866  he  married  Miss  Elizabeth  Harrison, 
who  died  in  1874.  In  1876  he  married  Miss  Elizabeth  Hyer, 
daughter  of  John  Hyer,  of  Dent  county.  He  was  a  Mason 
and  an  Odd  Fellow.     He  died  in  Marshfield,  July  28,  1896. 

Thomas  Tasker  Gantt  (Democrat)  was  born  in  George- 
town, District  of  Columbia,  July  22,  1814.  His  youth  was 
spent  on  a  plantation  in  Prince  George's  county,  Maryland. 
He  attended  Georgetown  College  and  then  entered  West 
Point  Military  Academy  in  1831.  At  the  end  of  his  second 
year  he  received  an  injury  which  resulted  in  lameness  and  it 
was  necessary  for  him  to  give  up  his  hope  of  a  military  career. 
He  studied  law  with  Governor  Pratt  of  Maryland  and  was 
admitted  to  the  bar  in  1838.  He  came  to  St.  Louis  in  1839 
and  made  that  city  his  home  the  remainder  of  his  life.  In 
1845  he  was  appointed  United  States  district  attorney  by 
President  Polk  and  held  the  ofTice  for  four  years.  During 
the  cholera  epidemic  in  1849  he  was  head  of  an  improvised 
board  of  health  and  for  several  months  gave  his  time  to  pre- 
vent the  spread  of  the  disease.  He  was  appointed  city 
counselor  in  1853  and  served  for  two  terms.  He  served  as 
captain  of  a  company  of  volunteer  police  which  put  down 
the  "Know  Nothing"  riot  in  1854.  As  a  result  of  these  riots 
he  helped  frame  a  law  to  prevent  such  occurrences,  which 
became  a  part  of  the  St.  Louis  criminal  code.  He  was 
elected  to  the  State  Convention  of  1861  on  the  Uncondi- 
tional Union  ticket.  During  the  Civil  War  he  served  as 
judge  advocate  on  McClellan's  staff  and  was  later  provost- 
marshal-general  of  Missouri.  On  the  establishment  of  the 
St.  Louis  Court  of  Appeals,  he  was  appointed  presiding 
judge  and  held  that  office  until  1877.  In  1845  Mr.  Gantt 
was  married  to  Miss  Mary  Carroll  Tibbs,  of  Bellevue, 
Maryland.     He  died  in  St.  Louis,  June  17,  1889. 

Louis  Gottschalk  (Liberal  Republican)  was  born  in 
Ems,  Germany,  on  January  1,  1836.     At  the  age  of  thirteen 


86  JOURNAL  OF  THE  MISSOURI 

he  came,  with  his  parents,  the  the  United  States.  He  studied 
law  in  New  York  and  in  Dubuque,  Iowa,  being  admitted  to 
the  bar  at  the  latter  place  in  1856.  In  1858  he  located  in 
St.  Louis.  He  served  in  the  Union  Army  for  nearly  two 
years  as  captain  of  Company  B,  Fifth  Missouri  Infantry. 
In  1863  he  was  elected  city  attorney  and  in  1868  became  a 
member  of  the  city  council.  Elected  to  the  State  Senate  in 
1869,  he  was  chosen  president  pro  tempore  of  that  body  in 
1871.  From  1875  to  1879  he  served  as  judge  of  the  St.  Louis 
Circuit  Court.  In  1889  he  was  appointed  United  States 
consul  at  Stuttgart,  a  position  which  he  held  for  three  and 
a  half  years.  In  1863  he  was  married  to  Miss  Nancy  L. 
Gottschalk.  He  died  in  Los  Angeles,  California,  January  1, 
1901. 

John  B.  Hale  (Democrat)  was  born  in  Brooks  county, 
Virginia,  (now  Hancock  county,  West  Virginia)  February 
27,  1831.  In  1841  his  mother  brought  the  family  to  Mis- 
souri. For  a  time  he  attended  a  school  taught  at  Carrolton 
by  Rev.  Bartlett  Anderson,  after  which  he  went  to  Bruns- 
wick to  study  law  with  the  firm  of  Able  &  Stringfellow.  He 
opened  a  law  office  in  Carrolton  when  he  had  completed  his 
studies.  In  1856  he  was  sent  to  the  Missouri  Legislature 
and  in  1860  was  presidential  elector  on  the  Douglas  ticket. 
In  1864  and  again  in  1868  he  was  a  delegate  to  the  Demo- 
cratic national  convention.  He  was  an  elector  on  the 
Greeley-Brown  ticket  in  1872.  In- 1884  he  was  elected  to 
Congress  from  the  Second  district.  He  was  defeated  for  the 
Democratic  nomination  in  1886  and,  being  endorsed  by  the 
Republican  party,  he  made  the  race  as  an  independent 
candidate,  but  was  defeated.  At  one  time  he  was  nominated 
for  appellate  judge  of  the  Kansas  City  Court  of  Appeals. 
About  1886  he  became  a  member  of  the  Republican  party. 
During  the  Civil  War  he  served  as  colonel  in  the  Missouri 
Militia.  In  1858  he  married  Miss  Mary  Clariborne  Cosby. 
He  died  in  Carrolton,  February  1,  1905. 

Westley  Halliburton  (Democrat)  was  born  in 
Humphrey  county,  Tennessee,  January  4,  1812,  and  died  in 


CONSTITUTIONAL  CONVENTION,   1875         87 

Milan,  Missouri,  June  16,  1890.  In  1823  he  came  to  Mis- 
souri with  his  parents,  who  located  in  Randolph  county.  He 
was  mainly  self-educated,  having  attended  a  country  school 
for  only  a  few  months.  He  taught  school  for  a  while  and 
then  engaged  in  farming  for  four  years.  In  1837  he  opened 
a  store  in  Shelbyville  and  in  1839  he  engaged  in  business  at 
Woodville,  in  Macon  county.  During  this  time  he  studied 
law  and  was  admitted  to  the  bar  in  Bloomington  about  1841. 
From  1845  to  1853  he  lived  in  Linneus,  at  the  end  of  which 
time  he  removed  to  Milan.  About  1853  he  started  the  first 
newspaper  in  Milan,  The  Milan  Farmer.  Between  1860 
and  1873  he  lived  in  Linneus,  Brunswick  and  on  a  farm  in 
St.  Louis  county  but  in  the  latter  year  he  returned  to  Sulli- 
van county  where  he  spent  the  remainder  of  his  life.  He 
was  one  of  the  incorporators  of  the  old  Hannibal  &  St.  Joseph 
Railroad.  He  held  numerous  public  offices.  In  1839  he 
was  elected  assessor  of  Shelby  county.  In  1840  he  was 
chosen  judge  of  the  county  court  of  Macon  county.  From 
1844  to  1851  he  was  circuit  attorney  and  the  next  year  was 
elected  to  the  General  Assembly  from  Linn  county.  In 
1853  President  Pierce  appointed  him  receiver  of  public 
moneys  for  the  Chariton  land  district,  with  headquarters  at 
Milan.  He  was  elected  to  the  Missouri  House  of  Represen- 
tatives in  1857  to  fill  a  vacancy.  In  1857  and  again  in  1882 
he  was  sent  to  the  State  Senate.  In  1888  he  was  appointed 
probate  judge  to  fill  out  an  unexpired  term.  In  1833  Mr. 
Halliburton  married  Miss  Sophia  Holman  of  Macon  county, 
who  died  in  1841.  He  afterwards  married  Miss  Armilda 
Collins,  of  Randolph  county  who  died  in  1866.  In  1878  he 
married  A4iss  Juliette  Owens  of  Chariton  county.  He  was  a 
member  of  the  Baptist  church  and  of  the  I.  0.  0.  F. 

Charles  Hammond  (Democrat)  was  born  in  Brooks 
county,  Virginia  (now  West  Virginia),  March  5,  1836.  He 
was  educated  at  Lafayette  College  at  Easton,  Pennsylvania, 
graduating  in  1857.  In  1858  he  came  to  Chariton  county, 
Missouri,  where  he  taught  school  for  a  time.  He  studied 
law  in  the  office  of  Thomas  LI.  Price,  of  Brunswick,  and  was 


88  JOURNAL  OF  THE  MISSOURI 

admitted  to  the  bar  in  1860.  He  opened  a  law  office  in 
Brunswick  and  made  that  place  his  home  the  remainder  of 
his  life.  He  was  elected  to  the  State  Legislature  in  1876, 
this  being  the  only  public  office  held  by  Mr.  Hammond  aside 
from  that  of  delegate  to  the  Constitutional  Convention  of 
1875.  On  September  6,  1860,  he  married  Miss  Pocahontas 
Cabell.  He  was  a  member  of  the  Presbyterian  church.  He 
died  in  Brunswick  in  December,  1897. 

Neil  C.  Hardin  (Democrat)  was  born  in  Pike  county, 
Missouri,  in  1846.  He  received  a  thorough  collegiate  educa- 
tion and  then  began  the  study  of  law,  graduating  from  the 
Harvard  Law  School  with  distinction.  He  began  the  prac- 
tice of  law  in  Louisiana,  Missouri,  and  soon  afterwards  was 
elected  city  attorney.  In  1871  he  was  a  member  of  the 
General  Assembly.  Since  the  Constitutional  Convention  of 
1875  he  has  held  no  public  offices.  In  1873  he  married  Miss 
Etta  McMakin  of  Vavay,  Indiana.  Mr.  Hardin  has  now 
given  up  the  practice  of  law,  devoting  his  time  to  looking 
after  his  business  interests. 

Junius  A.  Holliday  (Democrat)  was  born  in  Fayette, 
Missouri,  June  12,  1829,  and  died  in  Hamilton,  Missouri, 
July  17,  1901.  He  was  the  son  of  Benjamin  Holliday,  who 
with  Nathaniel  Patten,  founded  the  Missouri  Intellegencer 
at  Franklin,  Missouri,  in  1819.  This  was  the  first  news- 
paper established  west  of  St.  Louis.  He  first  studied  under 
private  tutors, — William  McNair,  David  Lucky  and  Carr 
Pritchett.  He  then  studied  law  at  Central  College  and 
later  continued  his  studies  at  St.  Charles.  He  practiced 
first  in  St.  Charles  with  his  uncle.  Judge  Andrew  King,  and 
later  they  opened  an  office  together  in  St.  Louis.  In  the 
early  sixties  he  removed  to  Fayette  where  he  practiced  until 
1866,  at  which  time  he  opened  a  law  office  in  Hamilton, 
Missouri.  He  was  the  second  resident  attorney  in  Hamilton. 
For  three  terms  he  was  a  clerk  in  the  State  Senate.  He  was 
a  candidate  for  judge  of  the  Fourth  district  in  1880  but  was 
defeated.  He  was  in  Gallatin,  Missouri,  for  one  year, 
straightening  out  the  books  of  the  Gallatin  Savings  Bank. 


CONSTITUTIONAL  CONVENTION,   1875         89 

During  the  Civil  War  he  was  a  colonel  in  General  Price's 
Home  Guard  Reg.  C.  S.  A.,  but  the  war  closed  before  he  saw 
active  service. 

John  Hyer  (Democrat)  was  born  in  Lancaster  county, 
Pennsylvania,  in  1810,  and  died  in  Lake  Spring,  Missouri, 
December  5,  1890.  He  received  a  common  school  education 
and  later  studied  medicine.  In  1838  he  came  to  Missouri 
and  began  his  practice  at  Lake  Spring.  In  1842  he  was  a 
member  of  the  Missouri  House  of  Representatives,  repre- 
senting Crawford  county,  which  at  that  time  included  the 
greater  part  of  that  section  of  the  State.  He  again  served 
in  that  body  in  1848  and  secured  the  organization  of  Dent 
county.  He  was  elected  to  the  State  Senate  in  1860  and 
when  Missouri  was  divided  politically,  he  was  one  of  the 
members  who  went  to  Neosho  with  Governor  Jackson.  He 
was  elected  to  the  Confederate  Congress  at  the  session  held 
there.  Some  years  before  the  Civil  War  he  was  instru- 
mental in  the  establishment  of  Union  Academy  in  Lake 
Spring,  giving  the  land  upon  which  it  was  built.  The 
academy  was  burned  during  the  war  and  was  not  rebuilt. 
In  1842  he  was  married  to  Miss  Mary  Ann  Ruth  of  Phila- 
delphia. He  was  a  member  of  the  Baptist  church  and  the 
Masonic  order. 

Horace  B.  Johnson  (Republican)  was  born  in  Riley, 
McHenry  county,  Illinois,  August  14,  1842.  In  1852  the 
family  removed  to  Fayette  county,  Iowa.  He  taught  sum- 
mer school  to  enable  him  to  attend  Iowa  University,  where 
he  was  a  student  at  the  beginning  of  the  Civil  war.  He 
served  in  the  Union  army  as  captain  of  Company  "L," 
First  Missouri  State  Militia  Cavalry.  He  was  detailed  on 
special  duty  as  judge-advocate  of  a  military  commission. 
After  his  discharge  from  the  army  he  located  in  Kansas 
City,  Missouri.  From  1864  until  1868  he  was  attorney  for 
the  Sixth  judicial  circuit.  In  1868  he  was  elected  Attorney- 
General  of  Missouri.  After  the  expiration  of  his  term  of 
office  he  practiced  law  in  Jefferson  City.  In  1873  he  was 
appointed  assistant  United  States  district  attorney  for  the 


90  JOURNAL  OF  THE  MISSOURI 

western  district  of  Missouri.  He  removed  to  Topeka,  Kan- 
sas, in  1877,  remaining  there  for  about  two  years.  He  then 
went  to  Leadville,  Colorado.  In  1886  he  located  in  Denver, 
Colorado.  He  was  a  frequent  contributor  to  the  oldest 
legal  periodical  in  America.  Mr.  Johnson  was  twice  mar- 
ried. He  died  in  Excelsior  Springs,  Missouri,  March  30, 
1904. 

Thomas  J.  Johnston  (Republican)  was  born  in  Perry, 
Pike  county,  Illinois,  August  20,  1836.  He  attended  the 
common  schools  of  that  county  and  Christian  University  in 
Canton,  Missouri.  He  studied  law  with  Col.  D.  H.  Gilmer 
and  was  admitted  to  the  bar  in  1860.  For  a  year  he  prac- 
ticed in  partnership  with  Col.  Gilmer.  From  that  time 
until  1864  he  traveled  through  the  West,  at  which  time  he 
located  at  A4ilan,  Missouri.  He  held  the  office  of  attorney 
for  Sullivan  county  for  one  year.  He  was  then  appointed 
to  fill  a  vacancy  in  the  office  of  judge  of  the  probate  court 
and  was  afterwards  elected  to  that  position.  In  1870  he 
went  to  Maryville,  Missouri,  where  he  practiced  the  re- 
mainder of  his  life.  In  1858  he  married  Miss  M.  E.  Cheno- 
with.  He  was  a  member  of  the  Christian  church.  He  died 
in  Maryville,  February  15,  1897. 

Henry  C.  Lackland  (Democrat)  was  born  in  Rock- 
ville,  Montgomery  county,  Maryland,  August  26,  1830.  In 
1833  the  family  came  to  St.  Louis  county,  Missouri.  He 
was  graduated  from  St.  Charles  College  in  1848.  He  then 
studied  law  in  the  office  of  Robert  H.  Parks,  and  was  ad- 
mitted to  the  bar  in  1852.  For  some  time  he  taught  school, 
for  three  years  holding  the  chair  of  mathematics  in  St. 
Charles  College.  He  then  engaged  in  civil  engineering  for 
several  years  but  after  1859  devoted  his  time  to  the  practice 
of  law.  From  1858  to  1861  he  was  school  commissioner  of 
St.  Charles  county.  He  also  served  as  city  attorney  and 
city  councilman  of  St.  Charles.  In  1856  he  married  Miss 
Nannie  Harden  of  Washington,  Missouri.  He  was  a  mem- 
ber of  the  Episcopal  church.  His  death  occurred  on  Novem- 
ber 8,  1908. 


CONSTITUTIONAL  CONVENTION,   1875         91 

Alfred  M.  Lay  (Democrat)  was  born  in  Lewis  county, 
Missouri,  May  20,  1836.  In  1842  his  parents  removed  to 
Benton  county.  He  was  educated  in  a  private  school  in 
Benton  county  and  at  Bethany  College,  where  he  was  grad- 
uated in  1856.  He  studied  law  in  the  office  of  Attorney- 
General  Gardenhire  and  was  admitted  to  the  bar  in  1857. 
A  few  months  later  he  was  appointed  United  States  district 
attorney  for  the  western  district  of  Missouri.  He  resigned 
at  the  beginning  of  the  Civil  War  and  enlisted  in  the  Con- 
federate Army,  rising  to  the  rank  of  major  before  the  close 
of  the  war.  In  1874  he  was  a  candidate  for  the  nomination 
for  Congress,  and  received  the  greatest  number  of  votes  for 
691  ballots,  after  which  he  withdrew  his  name  and  Judge 
John  F.  Phillips  was  nominated.  In  1876  he  was  the  nominee 
for  Congress  but  was  not  elected  until  1878.  He  died  in 
Washington  D.  C,  December  9,  1879.  In  1858  he  married 
Miss  Nannie  Boone  of  Howard  county.  He  was  a  member 
of  the  Christian  church  and  of  the  Masonic  order. 

William  H.  Letcher  (Democrat)  was  born  in  St. 
Louis,  Missouri,  September  4,  1824,  and  died  in  Kansas 
City,  Missouri,  November  24,  1897.  His  early  education 
was  secured  under  the  direction  of  Elihu  Shepherd.  He  then 
attended  Washington  College  (now  Washington  and  Lee 
University).  He  returned  to  St.  Louis  in  1845  where  he 
studied  law  with  William  M.  Campbell  and  Edward  Bates. 
He  was  licensed  to  practice  in  1848  and  located  in  Marshall, 
Missouri.  In  1849  he  acted  as  postmaster  of  Marshall  and 
served  as  justice  of  the  peace.  From  1852  to  1856  he  was 
county  commissioner  of  schools.  He  was  elected  to  the 
lower  House  of  the  General  Assembly  in  1856  on  the  Whig- 
American  ticket  and  was  re-elected  in  1858.  In  1860  he  was 
nominated  for  the  Senate  on  the  Constitutional  Union  ticket 
but  withdrew.  In  1861  he  located  in  the  Napa  valley  of 
California  and  formed  a  law  partnership  with  General  John 
Wilson.  His  efforts  on  behalf  of  the  Union  were  continued 
in  California.  Returning  to  Missouri,  he  located  in  St. 
Louis  in  1868  where  he  entered  into  partnership  with  T.  W. 


92  JOURNAL  OF  THE  MISSOURI 

B.  Crews  and  Joseph  Laurie.  In  1873  he  returned  to  Mar- 
shall where  he  spent  the  remainder  of  his  life.  In  1848  he 
married  Miss  Evalina  Hurt  Ranson  of  Union,  Missouri,  who 
died  in  1851.  In  1853  he  married  Miss  Ann  Bracket  Ranson. 
Mr.  Letcher  was  a  member  of  the  Methodist  church  and  of 
the  Masonic  order. 

Charles  B.  McAfee  (Democrat)  was  born  near  Lex- 
ington, Kentucky,  March  25,  1832.  While  he  was  only  a 
child  his  parents  came  to  Missouri,  locating  first  in  Marion 
and  afterwards  in  Shelby  county.  His  education  was  largely 
self-acquired  as  he  attended  a  short  subscription  school  only 
a  few  m.onths.  He  learned  carpentering  and  while  engaged 
in  this  trade,  spent  his  spare  time  reading  law  under  the 
direction  of  his  uncle,  John  McAfee.  He  was  admitted  to 
the  bar  of  Llarrison  county  in  1854  and  practiced  there  until 
the  outbreak  of  the  Civil  War.  He  then  entered  the  Union 
Service,  rising  to  the  rank  of  major.  For  a  time  he  served 
as  judge  advocate  of  the  district  of  Southwest  Missouri  on 
the  staff  of  General  John  B.  Sanborn.  At  the  close  of  the 
war  he  located  at  Springfield  where,  for  many  years  he  was 
in  partnership  with  John  S.  Phelps.  In  1868  and  in  1872 
he  was  the  Democratic  nominee  for  Congress  but  was  de- 
feated. In  1896  he  was  made  judge  of  the  criminal  court 
of  Greene  county  and  was  re-elected  in  1900.  He  was 
heavily  interested  in  many  of  the  early  industries  of  Spring- 
field, having  been  the  leader  in  the  building  of  the  Spring- 
field cotton  factory,  cotton  foundry,  wagon  company,  the 
Metropolitan  hotel  and  the  traction  company.  In  February 
1864,  he  married  Miss  Martha  Elizabeth  Ritchey  of  Newton 
county.  He  was  a  Mason  and  a  K.  P.  He  died  in  Spring- 
field, February  28,  1916. 

Edward  McCabe  (Democrat)  was  born  in  New  Castle 
county,  Deleware,  August  6,  1827.  He  received  a  good 
classical  education  in  the  schools  of  his  native  county,  after 
which  he  studied  law  in  the  office  of  P.  Sheward  Johnson  at 
Wilmington,  Deleware.  In  1849  he  went  to  New  Orleans 
and  came  to  St.  Louis  the  following  year.     He  located  in 


CONSTITUTIONAL  CONVENTION,   1875         93 

Palmyra  in  1850  and  studied  with  John  D.  S.  Dryden.  He 
was  admitted  to  the  bar  in  1852.  For  a  time  he  was  politi- 
cal editor  of  the  Palmyra  Whig.  lie  was  the  chief  promoter 
of  the  Qiiincy  &  Palmyra  Railroad  and  was  secretary  and 
attorney  for  the  road  for  many  years.  After  the  dissolution 
of  the  Whig  party  he  became  a  Democrat  and  served  for 
many  years  as  chairman  of  the  Marion  County  Executive 
Committee  and  for  some  time  as  a  member  of  the  State  board. 
Ii  1872  he  missed  the  nomination  for  Attorney-General  by 
Oxily  a  few  votes.  In  1876  he  was  one  of  the  presidential 
electors  for  Missouri.  In  1854  he  married  Mrs.  Mary  R. 
Johnson,  daughter  of  Dr.  David  Greene,  of  New  York  City. 
He  was  a  member  of  the  Episcopal  church  and  of  the  Ancient 
Order  of  United  Workmen.  He  died  at  Palmyra,  January 
14,  1913. 

Archibald  V.  McKee  (Democrat)  was  born  in  Harri- 
son county,  Kentucky,  November  6,  1831,  and  died  in  Troy, 
Missouri,  July,  13,  1884.  He  attended  Hanover  College 
(Indiana),  graduating  in  1851.  He  then  began  the  study 
of  law,  attending  lectures  at  the  Indiana  State  University 
and  finishing  the  course  in  1853.  In  1854  he  opened  an 
office  at  Troy,  Missouri.  In  1854  he  was  appointed  school 
commissioner  of  Lincoln  county  and  held  the  postition  for 
three  years.  From  1855  to  1857  he  was  editor  of  the  Troy 
Gazette,  later  The  States  Rights  Advocate.  He  later  served 
as  city  attorney  and  county  attorney.  He  was  a  dele  ate 
to  a  number  of  county  and  State  Democratic  conventions. 
During  the  Civil  War,  Mr.  McKee  was  a  Southern  sympath- 
izer. In  1862  he  married  Miss  Clara  Wheeler  of  Lincoln 
county.  He  was  a  member  of  the  Presbyterian  church  and 
of  two  fraternal  organizations,  the  Masons  and  Odd  Fellows. 

Macolm  McKillop  (Republican)  was  born  in  Inver- 
ness, Megantic  county.  Province  of  Quebec,  Canada, 
April  17,  1837.  He  attended  a  preparatory  school  at  North- 
field,  Vermont.  He  then  studied  at  the  University  of 
Vermont,  taking  the  degrees  of  A.  B.  (1861)  and  A.  M.  (1864). 
He  had  taught  school  to  defray  his  expenses  through  college 


94  JOURNAL  OF  THE  MISSOURI 

and  he  continued  in  this  profession  after  his  graduation, 
and  studied  law  in  his  leisure  time.  For  two  years  he  was 
in  charge  of  an  academy  at  Morrisville,  Vermont,  and  from 
1863  to  1865  conducted  the  Sandwich  grammar  school  in 
Windsor,  Canada  West.  He  was  admitted  to  the  bar  in 
Canada  in  1865.  Returning  to  the  United  States,  he  took 
up  his  residence  in  Dixon,  Illinois,  where  he  continued  his 
legal  studies  with  George  P.  Goodwin.  In  1866  he  removed 
to  Rock  Port,  Missouri.  From  1868  to  1872  he  was  county 
surveyor  of  Atchison  county  and  for  two  years,  1867-8,  he, 
held  the  office  of  superintendent  of  common  schools.  He 
was  elected  to  the  State  Senate  in  1888.  He  also  served  as 
mayor  of  Rock  Port.  He  married  in  1868,  Miss  Carrie  L. 
Thurber,  of  Como,  Illinois.  He  was  a  member  of  the 
Presbyterian  church  and  of  a  number  of  fraternal  organiza- 
tions, including  the  Masons,  Odd  Fellows  and  A.  0.  U.  W. 
He  died  at  Rock  Port,  September  8,  1899. 

PiNCKNEY  Mabrey  (Democrat)  was  born  in  Rocking- 
ham county.  North  Carolina,  November  2,  1819.  When 
he  was  a  few  months  old  his  parents  removed  to  Tennessee, 
and  in  1838,  they  located  in  Cape  Girardeau,  Missouri.  He 
was  educated  in  the  public  schools  of  Tennessee  and  Missouri. 
He  was  justice  of  the  peace  at  Cape  Girardeau  and  after- 
wards clerk  of  that  county.  Removing  to  Wayne  county 
in  1854,  he  was  elected  justice  of  the  peace  and  acted  as 
district  assessor  and  deputy  circuit  and  county  clerk.  Upon 
the  establishment  of  the  county  and  probate  court  in  Wayne 
county  he  was  made  the  first  judge.  In  1860  he  went  to 
Stoddard  county  where  he  again  became  the  deputy  clerk 
of  the  county  court.  In  1866  he  was  elected  judge  of  the 
probate  court  but  lost  the  office  in  an  election  contest  the 
following  year.  He  became  a  resident  of  Ripley  county  in 
1868  and  in  1870  was  elected  to  the  Missouri  House  of 
Representatives.  F'rom  1876  to  1883  he  was  editor  of  the 
Doniphan  Prospect.  He  was  married  in  1856  to  Miss  Fllen 
C.  Ronald  of  Fredericktown,  Missouri,  who  died  in  1869. 
In  1872  he  married  Miss  Grace  A.  Babgy  of  Callaway  county. 


CONSTITUTIONAL  CONVENTION,   1875         95 

Mr.  Mabrey  was  at  one  time  a  member  of  the  Odd  Fellows 
but  dropped  out  of  the  order  because  there  was  no  organiza- 
tion in  Ripley  county.  He  died  in  Doniphan,  November 
27,  1890. 

Benjamin  F.  Massey  (Democrat)  was  born  in  Chester- 
town,  Kent  county,  Maryland,  on  January  23,  1811.  Owing 
to  financial  reverses  just  as  he  was  ready  for  college,  he  was 
unable  to  continue  his  education  but  he  was  a  student  of 
history  and  a  well  read  man.  He  came  to  Missouri  in  1836 
and  engaged  in  the  mercantile  business  and  in  the  Sante  Fe 
trade.  He  lived  for  some  years  on  a  farm  on  Spring  river 
in  Lawrence  county.  He  went  to  California  during  the 
gold  rush  but  not  only  did  he  not  prosper  financially,  but 
his  health  was  seriously  impaired.  Returning  to  Missouri, 
he  engaged  in  the  mercantile  business  in  Sarcoxie,  Jasper 
county.  About  1873  he  went  to  Neosho.  Mr.  Massey 
took  a  prominent  part  in  the  political  affairs  of  the  State. 
In  1842  he  was  elected  to  the  State  Senate  and  in  1845  he 
was  a  member  of  the  State  Constitutional  Convention.  He 
was  chief  clerk  in  the  Missouri  House  of  Representatives 
from  1846  to  1848.  In  1856  he  was  elected  Secretary  of 
State  and  re-elected  in  1860.  When  the  State  Convention 
met  in  1861  he  was,  with  other  State  officers,  ousted  from 
office.  He  was  a  supporter  of  Governor  Jackson  and  went 
with  him  to  Neosho  where  a  Confederate  State  government 
was  set  up.  In  1839  Mr.  Massey  married  Miss  Maria  Haw- 
kins Withers  of  Cooper  county,  a  native  of  Virginia.  He 
died  in  St.  Louis  in  1880. 

James  H.  Maxey  (Democrat)  was  born  in  Lawrence- 
burg,  Tennessee,  December  23,  1843.  At  the  outbreak  of 
the  Civil  War  he  enlisted  in  the  Confederate  Army,  serving 
until  the  end  of  the  war  as  captain  of  Company  E  Thirty- 
third  Tennessee  Infantry.  After  the  close  of  the  war  he 
entered  the  University  of  Tennessee,  graduating  from  the 
School  of  Law  in  1868.  He  then  went  to  Leavenworth, 
Kansas,  where  he  was  employed  as  wagon  boss.  He  made 
several  trips  with  ox  teams  to  Sante  Fe  and  to  San  Francisco. 


96  JOURNAL  OF  THE  MISSOURI 

In  the  early  seventies  he  located  at  West  Plains,  Missouri, 
where  he  engaged  in  the  practice  of  law.  In  1890  he  re- 
moved to  Norman,  Oklahoma.  About  1894  he  gave  up  his 
practice  and  engaged  in  the  banking  business.  He  organized 
the  first  bank  in  Pattowatomie  county  at  Tecumseh,  Okla- 
homa. He  was  the  Democratic  candidate  for  delegate  to 
Congress  in  1890  but  was  defeated  and  was  a  member  of 
the  Convention  which  framed  the  Constitution  of  Oklahoma 
in  1908.  He  was  married  to  Miss  Marie  Reed  of  West  Plains 
Missouri,  April  1,  1875.  He  died  at  Shawnee,  Oklahoma, 
December  21,  1909. 

Nicholas  A.  Mortell  (Democrat)  was  born  in  the 
County  of  Cork,  Ireland,  in  1843.  When  nine  years  old  he 
came  to  the  United  States  and  for  three  years  worked  as  a 
newsboy  in  New  York.  In  1835  he  set  out  for  the  West, 
and  located  in  Alton,  Illinois,  where  he  began  to  learn  the 
trade  of  a  coppersmith.  There  he  attracted  the  attention 
of  Col.  George  B.  Ingersoll  of  Shipman,  Illinois,  who  sent 
him  to  St.  Paul's  College  at  Palmyra,  Missouri.  He  was 
graduated  from  that  institution  in  1861.  For  a  year  fol- 
lowing he  had  charge  of  the  Cathedral  school  at  Alton, 
Illinois,  and  then  took  up  the  study  of  law  in  the  ofTice  of 
Judge  Krum  of  St.  Louis,  and  was  admitted  to  the  bar.  In 
1866  he  was  a  delegate  to  the  Great  Fenian  Convention  held 
in  New  York.  He  was  a  member  of  the  1871  General  Assem- 
bly. In  the  same  year  he  was  elected  city  attorney  of  St. 
Louis.     He  died  in  St.  Louis,  March  1,  1876. 

Henry  T.  Mudd  (Republican)  was  born  in  Maysville, 
Kentucky,  October  27,  1818.  The  family  came  to  Missouri 
in  1819,  locating  in  Pike  county.  He  was  educated  in  the 
local  schools  of  that  county.  He  was  first  employed  in  a 
store  in  Louisiana,  Missouri.  He  then  worked  in  Pittfield, 
Illinois,  where  he  was  finally  taken  into  partnership  by  his 
last  employer.  Elder  Jacob  Hodgen.  In  1856  he  removed 
to  St.  Louis  and  engaged  in  the  commission  business.  This 
venture  proved  unsuccessful.  He  then  began  trading  in 
land  and  built  up  a  large  business.     He  became  president 


CONSTITUTIONAL  CONVENTION,   1875         97 

of  the  Ozark  Land  Company.  Mr.  Miidd  took  an  active 
interest  in  politics  and  held  several  public  offices.  He  was 
a  Whig  until  the  dissolution  of  that  party.  From  1843-47 
he  was  a  clerk  of  the  county  court  of  Pike  county,  Illionis, 
and  was  auditor  of  St.  Louis  county  from  1859  to  1865. 
For  a  time  he  was  president  of  the  board  of  assessors  of  St. 
Louis  county.  He  was  a  member  of  the  Missouri  House  of 
Representatives  in  1873  and  1879.  He  was  one  of  the 
board  of  freeholders  which  arranged  the  plan  of  separation 
between  St.  Louis  and  the  county.  At  various  times  he 
was  town  trustee  and  school  director  in  Kirkwood.  He 
served  one  term  as  Curator  of  the  University  of  Missouri. 
He  was  president  of  the  Missouri  Horticultural  Society  for 
nine  years  (1859-69)  and  was  the  first  president  of  the  State 
Agricultural  Board,  serving  from  1865-1874.  During  the 
Civil  War,  Mr.  Mudd  was  a  strong  Union  man.  He  was 
married  to  Miss  Sarah  Elizabeth  Hodgen,  October  26,  1841. 
She  died  in  1883  and  in  1884  he  married  Miss  Katherine 
Lucinda  Brown.  He  was  a  member  of  the  Masonic  order. 
He  died  in  St.  Louis,  May  1,  1903. 

Edmond  A.  NiCKERSoN  (Democrat)  was  born  in  Balti- 
more, Maryland,  August  31,  1835  and  died  in  Warrensburg, 
Missouri,  April  21,  1920.  He  was  educated  at  the  Balti- 
more Collegiate  Institute,  receiving  a  thorough  classical 
training.  At  the  age  of  eighteen  he  began  the  study  of  law 
with  Charles  Z.  Lucas,  of  Baltimore,  and  was  admitted  to 
the  bar  three  years  later.  For  about  eighteen  months  he 
practiced  in  Parkersburg,  Virginia.  He  then  came  to  Mis- 
souri, locating  at  Union,  in  Franklin  county.  When  the 
Civil  War  began,  he  retired  to  his  farm  in  St.  Louis  county. 
He  was  a  Southern  sympathizer  but  took  no  part  in  the  war. 
In  1866  he  located  in  Warrensburg  where  he  gave  his  time 
particularly  to  land  litigation.  In  1872  he  organized  the 
Warrensburg  Savings  Bank  and  was  its  first  president.  He 
was  a  delegate  to  the  Democratic  national  convention  of 
1876,   and   always  took  an  active  interest  in  politics.     In 


98  JOURNAL  OF  THE  MISSOURI 

1862  he  married  Miss  Huldah  Ann  Tyler  of  St.  Louis  county. 
He  was  an  active  member  of  the  Odd  Fellows. 

Elijah  H.  Norton  (Democrat)  was  born  at  Russell- 
ville,  Kentucky,  November  21,  1821.  His  literary  educa- 
tion was  acquired  at  Russellville  and  at  Center  College, 
Danville,  Kentucky.  He  entered  the  School  of  Law  of 
Transylvania  University,  graduating  in  1841  or  1842.  Com- 
ing to  Missouri  in  1845,  he  located  at  Platte  City  and  began 
the  practice  of  law.  In  1846  he  was  nominated  for  the 
Legislature  but  declined  to  make  the  race.  In  1850  he  was 
appointed  county  attorney.  In  1852  he  was  elected  circuit 
judge  and  re-elected  in  1856.  He  was  elected  to  Congress 
in  1860;  in  1862  his  election  was  declared  illegal.  He  was 
again  a  candidate  in  1864  but  was  defeated  through  the  dis- 
franchisement of  a  large  body  of  his  constituents.  He  was 
a  member  of  the  State  Convention  called  to  consider  the 
relations  between  the  State  and  the  Union,  where  he  opposed 
secession.  During  the  war  he  used  every  effort  to  maintain 
a  responsible  militia  force  for  the  protection  of  property. 
In  1876  he  was  appointed  to  the  Supreme  Court  of  Missouri 
to  fill  a  vacancy  and  in  1878  was  elected  to  the  same  ofTice. 
In  1891  he  was  made  a  member  of  the  State  School  Book 
Commission.  Ill  health  compelled  his  retirement  from 
public  life  and  he  spent  the  last  years  of  his  life  on  his  farm 
at  the  edge  of  Platte  City.  From  1871  until  his  death  he 
was  a  trustee  of  William  Jewell  College  and  in  1882  that 
college  conferred  upon  him  the  degree  of  LL.  D.  In  1850 
he  married  Miss  Malinda  Wilson,  who  died  in  1873.  He  was 
married  to  Mrs.  Missouri  A.  Marshall  in  1877.  Mr.  Norton 
was  a  member  of  the  Baptist  church  and  of  the  Odd  Fellows. 
He  died  August  6,  1914. 

Phillip  Pipkin  (Democrat)  was  born  near  Marshall, 
Tennessee,  November  6,  1814  and  died  in  Farmington, 
Missouri,  June  6,  1883.  He  attended  the  local  schools  in 
his  native  state  and  then  entered  Cumberland  College  where 
he  graduated  in  1834.  He  came  to  Missouri  the  same  year 
and  for  the  next  few  years  engaged  in  farming  and  teaching. 


CONSTITUTIONAL  CONVENTION,   1875         99 

In  1846  he  was  admitted  to  the  bar  in  Jefferson  county.  In 
1858  he  removed  to  Arcadia  and  had  his  office  in  Ironton. 
He  was  the  first  resident  attorney  in  Iron  county.  During 
the  Civil  War  he  was  forced  to  leave  his  home  on  account  of 
sympathy  with  the  South.  He  returned  to  Jefferson  county, 
where  he  operated  a  farm.  After  1874,  however,  he  devoted 
all  of  his  time  to  the  practice  of  law.  In  1880  he  removed 
to  Farmington.  He  was  elected  to  the  Missouri  House  of 
Representatives  in  1840  and  in  1849  was  a  justice  of  the 
county  court  of  Iron  counry.  He  was  a  member  of  the  Con- 
stitutional Convention  of  1845  and  of  the  State  Convention 
of  1861.  In  1862  he  was  elected  judge  of  the  Twenty-sixth 
judicial  circuit  but  the  law  under  which  he  was  elected  was 
declared  unconstitutional.  He  was  a  delegate  to  the  Demo- 
cratic national  convention  in  1864.  He  was  a  member  of 
the  M.  E.  Church,  South,  and  was  affiliated  with  the  Masons 
and  Odd  Fellows.     Mr.  Pipkin  was  twice  married. 

William  Priest  (Democrat)  was  born  in  Fauqier 
county,  Virginia,  March  4,  1808.  His  opportunities  for  an 
education  were  limited  but  he  became  one  of  the  best  in- 
formed men  in  the  state.  He  came  to  Missouri  in  1832  and 
engaged  in  farming.  In  1853  he  became  a  minister  in  the 
Ironside  Baptist. church,  and  continued  this  work,  in  addi- 
tion to  his  farming,  until  his  death.  He  would  never  preach 
for  a  salary,  taking  only  what  the  congregation  felt  like  giv- 
ing. From  1846-50  he  was  a  member  of  the  State  Senate. 
In  1854  he  was  a  candidate  for  Representative  from  Ralls 
county  but  was  defeated  by  five  votes.  In  1872  he  was 
elected  judge  of  the  county  court  of  Ralls  county,  holding 
the  office  for  three  terms.  During  the  Civil  War  he  was  an 
ardent  Southern  sympathizer.  On  January  7,  1830,  he 
married  Miss  Sarah  H.  Payne.  He  died  on  his  farm  near 
New  London,  March  28,  1892. 

Joseph  Pulitzer  (Democrat)  was  born  at  Budapest, 
Hungary,  April  10,  1847.  He  studied  under  private  tutors 
in  his  native  country.  At  the  outbreak  of  the  Schleswig- 
Holstein  War  he  entered  the  army  and  served  until  the  close 


100  JOURNAL  OF  THE  MISSOURI 

of  the  brief  war.  Coming  to  the  United  States  in  1864,  he 
immediately  enlisted  in  the  First  New  York  Lincoln  Cav- 
alry. He  came  to  St.  Louis  at  the  close  of  the  war  doing  any 
work  he  could  find,  however  menial.  During  this  time  he  was 
familiarizing  himself  with  the  English  language.  He  secured 
a  position  with  the  Atlantic  &  Pacific  Railroad,  traveling 
through  the  State,  recording  in  each  county  the  land  grants 
made  to  that  company.  He  soon  attracted  the  attention  of 
Carl  Schurz  who  offered  him  a  position  on  the  Westliche 
Post.  Within  six  months  Mr.  Pulitzer  became  managing 
editor  and  part  owner  of  the  paper.  He  retired  from  the 
management  of  the  paper  in  1872  but  retained  his  interest 
in  it  until  1875.  In  1876  and  1877  he  was  the  Washington 
correspondent  for  the  New  York  Sun.  In  1878  he  purchased 
the  Si.  Louis  Dispatch  which  he  soon  combined  with  the 
Evening  Post.  He  became  sole  proprietor  of  the  consolidated 
paper,  the  Post-Dispatch  in  1879.  In  1883  he  bought  the 
New  York  World  and  under  his  management  the  paper 
built  up  a  circulation  that  had  no  rival  for  years.  In  1887 
he  broke  down  from  overwork  but  continued  the  supervi- 
sion of  the  papers.  In  1869  he  was  elected  to  the  Misssouri 
Legislature  and  in  1870  was  appointed  one  of  the  police  com- 
missioners of  St.  Louis.  Mr.  Pulitzer  was  one  of  the  leaders 
in  the  Liberal  Republican  movement  and  was  a  delegate  to 
the  national  convention  in  Cincinnatti.  After  the  decline  of 
that  party,  he  was  affiliated  with  the  Democratic  party. 
He  was  elected  to  Congress  from  New  York  in  1884,  and 
served  from  March  4,  1885  until  April  10,  1886,  when  he 
resigned.  He  died  on  his  yacht  in  Charleston  harbor, 
November  29,  1911.  Llis  will  provided  that  a  million  dol- 
lars of  his  estate  go  toward  the  establishment  of  a  School  of 
Journalism  in  Columbia  University.  Half  that  amount  was 
left  to  the  Philharmonic  Orchestra  of  New  York. 

John  Ray  (Democrat)  was  born  near  Glasgow,  Barren 
county,  Kentucky,  January  19,  1828.  His  education  was 
mainly  self-acquired,  having  attended  the  district  schools 
for  only  a  few  months.     He  taught  school  for  several  terms. 


CONSTITUTIONAL  CONVENTION,   1875       101 

studying  medicine  at  night.  In  1851  or  1852  he  located  in 
Barry  county,  Missouri,  where  he  began  the  practice  of 
medicine.  He  soon  removed  to  Pineville  and  later  to  Cor- 
sicana.  In  addition  to  his  practice  he  conducted  a  mercan- 
tile establishment.  About  the  time  of  the  Civil  War  he 
located  at  Cassville.  He  was  an  elector  on  the  Bell-Everett 
ticket  in  1860.  During  the  war  he  served  as  county  re- 
corder, county  clerk  and  circuit  clerk.  For  a  time  he  was  in 
charge  of  a  United  States  hospital  at  Cassville.  In  1872  he 
purchased  the  Cassville  Democrat  which  he  edited  until  his 
death,  January  3,  1888.  About  1850  he  married  Miss 
Elizabeth  Means,  a  native  of  Monroe  county,  Kentucky. 
He  was  afTiliated  with  the  Masons. 

James  H.  Rider  (Democrat)  was  born  in  Shelby  county, 
Missouri,  October  12,  1841.  He  attended  Howard  High 
School  (now  Central  College)  at  Fayette,  Missouri.  For 
two  hears  he  studied  medicine  under  Dr.  J.  B.  Winn,  of 
Macon  county.  During  the  fall  and  winter  of  1860-61  he 
attended  the  St.  Louis  Medical  College  and  was  granted  a 
diploma.  He  began  the  practice  of  his  profession  in  1861  at 
Callao,  Missouri.  In  September  of  that  year,  he  volunteer- 
ed in  the  State  Guards  under  General  Price.  After  several 
months  he  enlisted  in  the  regular  Confederate  Army  and 
was  in  charge  of  various  hospitals  throughout  the  South. 
After  the  war  he  practiced  for  a  time  in  Macon  County.  In 
1866  he  removed  to  Pine  Bluff,  Arkansas,  where  he  remained 
until  1868.  He  then  located  in  Marble  Hill,  Missouri, 
remaining  there  until  1876,  when  he  removed  to  Cape  Girar- 
deau. In  1882  he  organized  the  Cape  Girardeau  Building 
and  Loan  Association  and  was  its  president  for  twenty  years. 
For  many  years  he  was  a  member  of  the  Cape  Girardeau 
city  council.  On  November  26,  1873  he  married  Miss 
Mattie  A.  Leech  of  Cape  Girardeau.  He  was  a  member  of 
the  Methodist  Episcopal  Church,  South,  and  of  two  fraternal 
organizations,  the  Masons  and  the  A.  0.  U.  W.  He  died  in 
Cape  Girardeau,  December  23,  1902. 


102  JOURNAL  OF  THE  MISSOURI 

John  R.  Rippey  (Democrat)  was  born  in  Schuyler 
county,  Missouri,  November  25,  1843.  He  was  educated 
in  the  common  schools  of  the  neighborhood  and  in  the  Lan- 
caster High  School.  He  then  engaged  in  farming,  purchas- 
ing his  father's  homestead  ai  d  adding  to  it.  During  the 
Civil  War,  his  sympathies  were  with  the  South.  In  1881 
he  was  the  Representative  from  Schuyler  county  to  the 
General  Assembly.  From  1883  until  1901  he  was  connected 
with  the  State  Board  of  Agriculture,  being  Secretary  from 
1893  to  1901.  He  was  the  first  secretary  of  the  Missouri 
State  Fair,  holding  that  office  from  1901  until  1908.  He 
became  editor  of  the  Lancaster  Excelsior  in  1898,  continuing 
that  work  until  his  death,  January  17,  1909.  He  was  a 
member  of  the  Board  of  Curators  of  the  University  of  Mis- 
souri from  1891  to  1897.  In  1867  he  married  Miss  Mary 
Elizabeth  Dickerson,  of  Monroe  county.  He  was  a  member 
of  the  Baptist  church.  He  was  a  Mason  and  took  an  active 
part  in  the  work  of  the  Grange. 

James  C.  Robfrts  (Democrat)  was  born  in  Davidson 
county,  Tennessee,  January  19,  1831.  He  attended  the 
local  schools  and  later  entered  Frarklin  College  in  Davidson 
county,  graduating  in  1850.  He  studied  law  in  the  office  of 
John  A.  McEwen  of  Nashville,  Tennessee.  He  was  licensed 
to  practice  in  1853  and  opened  an  office  at  Dover,  now  Fort 
Donelson.  In  1855  he  came  to  Missouri  and  located  on  a 
farm  in  Buchanan  county.  After  several  years  he  removed 
to  St.  Joseph  where  he  practiced  law  until  1860.  In  1860 
he  was  elected  to  the  State  Legislature  but  that  body  was 
disorganized  the  following  year.  Mr.  Roberts  was  a  South- 
ern sympathizer  and  was  therefore  ousted  from  office  and 
disfranchized.  At  one  time,  he  lacked  only  three  votes  of 
being  nominated  for  Congress.  He  was  a  member  of  the 
Board  of  Managers  of  State  Hospital  No.  2,  and  was  presi- 
dent of  the  board  at  the  time  of  his  death.  He  was  active 
in  the  organization  of  the  State  Grange.  He  was  a  Mason. 
In  1855  he  married  Miss  Cornelia  Ingram  of  Dover,  Tennes- 
see.    He  died  at  his  home  near  St.  Joseph,  April  4,  1885. 


CONSTITUTIONAL  CONVENTION,   1875       103 

James  P.  Ross  (Democrat)  was  born  in  Circleville, 
Ohio,  December  14,  1809.  He  obtained  a  good  English 
education  and  studied  law  at  Transylvania  University.  He 
came  to  Morgan  county,  Missouri  in  1836  and,  with  the 
exception  of  a  short  time  spent  in  California  during  the  gold 
rush,  he  spent  the  remainder  of  his  life  there.  In  1844  he 
was  admitted  to  the  bar.  He  was  probate  judge  of  Morgan 
county  and  in  1849  was  elected  county  attorney.  He  was  a 
delegate  to  the  State  Convention  of  1861  which  met  to  con- 
sider the  relations  of  the  State  of  Missouri  to  the  Union. 
He  was  a  Union  man  but  did  not  take  an  active  part  in  the 
war.  In  1836  he  married  Miss  Lucy  Joyce  of  Jeffersonville, 
Missouri.  He  was  a  member  of  the  Episcopal  church.  He 
died  in  Versailles,  April  17,  1893. 

John  W.  Ross  (Democrat)  was  born  in  Lexington, 
Kentucky,  November  26,  1832,  and  died  in  Bolivar,  Mis- 
souri, January  13,  1917.  He  was  educated  in  the  Lexington 
schools  and  in  Transylvania  University,  graduating  with 
high  honors  from  both  the  literary  and  law  departments  in 
1856.  He  also  studied  law  in  the  office  of  Judge  Shy  and 
Senator  Beck  of  Kentucky.  He  was  admitted  to  the  bar 
in  1855.  Soon  afterwards  he  went  to  Kansas,  remaining 
there  for  two  or  three  years.  In  1858  he  located  in  Platte 
City,  Missouri,  where  he  remained  until  the  Civil  War.  He 
then  enlisted  in  the  Confederate  Army  and  served  through- 
out the  war,  was  made  a  captain  and  served  as  brigade 
adjutant.  For  two  years  after  the  war  he  taught  in  Ken- 
tucky and  in  1869  located  in  Bolivar,  practicing  law  there 
for  the  next  forty-eight  years.  He  was  several  times  a  can- 
didate for  prosecuting  attorney  but  Polk  county  was  Repub^ 
lican  and  he  was  defeated.  In  1896  he  disagreed  with  his 
party  on  the  money  question  and  from  that  tiine  on,  he 
voted  with  the  Republican  party.  In  1902  he  was  elected 
probate  judge.  He  held  many  minor  offices,  such  as  mayor 
and  justice  of  the  peace.  He  frequently  served  as  special 
judge  of  the   circuit  court.     On   Spetember  24,   1870,   he 


104  JOURNAL  OF  THE  MISSOURI 

married  Miss  Sallie  E.  Munford.     He  was  a  member  of  the 
I.  0.  0.  F. 

John  F.  Rucker  (Democrat)  was  born  in  Amherst 
county,  Virginia,  September  19,  1838.  He  came  to  Sturgeon, 
Missouri,  in  1858.  At  the  outbreak  of  the  Civil  War  he 
entered  the  Confederate  service  and  served  in  various  en- 
gagements. Coming  home  after  the  battle  at  Lexington,  he 
was  captured  by  the  enemy.  He  was  paroled  but  was  later 
re-arrested  on  charge  of  treason  and  conspiracy,  being  finally 
banished  to  Montana  during  the  War.  While  there  he  was 
elected  chief  clerk  of  the  Montana  Legislature  and  also  a 
member  of  the  Territorial  Constitutional  Convention.  Re- 
turning to  Sturgeon,  he  engaged  in  the  mercantile  business. 
He  also  conducted  an  extensive  business  in  railroad  ties. 
He  was  a  director  of  the  Sturgeon  bank.  In  1889  he  went  to 
Rolla,  Missouri,  where  he  entered  the  tie  and  timber  busi- 
ness. For  a  number  of  years  he  was  chairman  of  the  Con- 
gressional Central  Committee.  In  1867  he  married  Miss 
Julia  Rucker  of  Audrain  county,  Missouri,  who  died  in 
1879.  In  1880  he  married  Miss  Frances  Jane  Dingle  of 
Mexico.  He  was  a  member  of  the  Methodist  Episcopal 
Church,  South,  and  of  the  Masonic  order.  He  died  in 
Sturgeon,  December  28,  1889. 

Thomas  Shackelford  (Democrat)  was  born  in  Saline 
county,  Missouri,  February  6,  1822.  He  studied  under 
private  tutors  and  attended  a  private  school  at  Fayette, 
Missouri,  which  was  conducted  by  Archibald  Patterson. 
He  studied  law  under  Judge  Abiel  Leonard  and  was  licensed 
to  practice  in  1842.  He  located  at  Glasgow  and  with  the 
exception  of  a  year  in  St.  Louis,  he  resided  there  the  rest  of 
his  life.  His  law  partner  in  St.  Louis  was  Washington 
Adams,  the  delegate  from  Cooper  county.  Mr.  Shackelford 
was  a  strong  Union  man.  In  1871  he  became  the  first  presi- 
dent of  the  Glasgow  Savings  Bank,  and  continued  to  hold 
that  position  until  his  death.  He  also  devoted  much  time 
to  looking  after  his  farming  interests.  For  more  than  twenty 
years  he  was  a  director  of  the  St.  Louis,  Kansas  City  &  Chi- 


CONSTITUTIONAL  CONVENTION,   1875       105 

cago  Railroad.  Mr.  Shackelford  took  an  active  interest  in 
political  affairs.  He  was  a  Whig  before  the  breaking  up  of 
that  party.  He  was  a  delegate  to  the  State  Convention  of 
1861  which  ousted  Governor  Jackson  and  his  adherents. 
He  was  a  delegate  to  almost  every  Democratic  State  conven- 
tion held  after  the  war.  For  many  years  he  was  a  member 
of  the  Board  of  Directors  of  the  Missouri  Training  School 
at  Boonville.  On  June  15,  1851  he  married  Miss  Sarah  E. 
Harrison  of  Glasgow.  He  was  a  member  of  the  Methodist 
Episcopal  Church,  South,  and  was  a  delegate  to  the  Centen- 
nial Conference  and  to  the  Pan-Methodist  Conference  in 
Baltimore.  He  was  an  Odd  Fellow.  He  died  in  Glasgow, 
March  10,  1908. 

John  H.  Shanklin  (Democrat)  was  born  in  Monroe 
county,  Virginia,  (now  West  Virginia)  November  2,  1824, 
and  died  in  Trenton,  Missouri,  June  14,  1904.  He  attended 
the  local  schools  in  the  community  and  supplemented  this 
meager  education  by  reading  every  available  book.  He 
taught  school  for  two  terms  and  worked  on  a  farm  for  a  time. 
Coming  to  Missouri  in  1846,  he  located  in  Grundy  county. 
When  the  Mexican  War  broke  out,  he  gave  up  teaching  and 
enlisted  in  Company  A,  Missouri  Volunteers,  Indian  Guard 
Batallion.  He  was  mustered  in  the  fall  of  1848  and  returned 
to  Trenton.  About  1850  he  was  elected  probate  judge  but 
resigned  before  the  expiration  of  the  term.  In  1851  he  was 
admitted  to  the  bar  and  two  years  later  he  formed  a  partner- 
ship with  Jacob  T.  Tindall.  In  1859  James  Austin  became 
a  member  of  the  firm  and  banking  was  added  to  the  practice 
of  law.  In  1861  he  was  made  division  inspector  of  State 
troops  by  Governor  Gamble  with  the  rank  of  Colonel.  With 
a  part  of  his  command  he  was  on  duty  at  Chillicothe  until 
the  close  of  the  war.  After  the  death  of  Captain  Tindall  at 
Shiloh,  he  became  a  member  of  the  State  Convention  at  the 
sessions  of  1862  and  1863.  After  the  war  he  resumed  the 
banking  business  and  the  practice  of  law.  He  was  president 
of  the  Chillicothe  &  Des  Moines  Railroad  and  arranged  for 
its  transfer  to  the  Chicago  &  Southwestern   Railway   Com- 


106  JOURNAL  OF  THE  MISSOURI 

pany.  He  was  also  president  of  the  Grundy  County  Coal 
Company  and  the  Trenton  Handle  Manufacturing  Company 
and,  for  a  time,  of  the  Trenton  Gas  and  Electric  Light 
Company.  He  was  president  of  the  Missouri  Bar  Associa- 
tion in  1882-3,  and  was  a  frequent  contributor  to  the  Central 
Law  Journal.  In  1890  he  was  made  a  member  of  the  Town 
Site  Commission  No.  1  of  Oklahoma  Territory.  On  January 
22,  1850,  he  married  Miss  Kittie  Ann  Collier.  He  was  an 
Odd  Fellow. 

George  H.  Shields  (Republican)  was  born  in  Bards- 
town,  Kentucky,  June  19,  1842.  The  family  removed  to 
Missouri  in  1844  and  located  at  Hannibal.  He  attended  a 
grammar  school  from  1859  to  1861  and  then  entered  West- 
minster College  at  Fulton,  where  he  continued  his  studies 
until  1861.  He  began  the  study  of  law  under  W.  P.  Harri- 
son but  the  Civil  War  interrupted  his  studies.  He  enrolled 
as  a  member  of  Company  E  of  the  Fifty-third  Missouri 
Regiment.  Toward  the  end  of  the  war  he  was  commissioned 
captain  and  assistant  quartermaster  of  his  regiment.  One 
of  his  brothers  was  in  the  Confederate  army.  Later,  when 
he  was  chairman  of  the  Republican  State  Committee,  this 
brother  was  chairman  of  the  Democratic  State  Committee. 
In  1864,  Mr.  Shields  entered  the  Louisville  Law  School, 
graduating  in  1865.  He  practiced  in  Hannibal  from  1866 
to  1873.  Removing  to  St.  Louis,  he  entered  into  partner- 
ship with  John  B.  Henderson.  In  1895  he  became  associated 
with  General  Noble.  He  has  held  a  number  of  public  offices. 
He  served  three  terms  as  city  attorney  of  Hannibal.  In 
1870  he  was  a  delegate  to  the  Republican  State  convention 
and  the  following  year  served  in  the  Legislature.  In  1876-80 
he  was  chairman  of  the  Republican  State  Committee.  He 
was  president  of  the  board  of  freeholders  which  formed  the 
plan  of  separation  between  St.  Louis  and  the  county.  He 
was  appointed  Assistant  Attorney-General  of  the  United 
States  in  1889  and  served  until  1893.  Toward  the  close  of 
President  Harrison's  administration,  he  appointed  Mr. 
Shields  to  act  as  agent  and  council  of  the  United  States  and 


CONSTITUTIONAL  CONVENTION,   1875       107 

Chilean  Claims  Commission.  He  was  master  in  chancery 
of  the  United  States  district  court  from  1876  to  1906.  In 
1906  and  again  in  1914  he  was  elected  judge  of  the  St.  Louis 
Circuit  Court.  He  is  a  canditate  for  re-election  in  1920. 
Westminster  College  conferred  the  degree  of  LL.  D.  upon 
him  in  1892.  In  1866  he  married  Miss  Mary  Harrison 
Leighton.  He  is  a  member  of  the  Frank  Blair  Post  G.  A.  R. 
and  of  the  Sons  of  the  American  Revolution.  He  is  a  mem- 
ber of  the  Presbyterian  church. 

Henry  J.  Spaunhorst  (Democrat)  was  born  in  Belm, 
Kingdom  of  Hanover,  January  10,  1828.  The  family  came 
to  St.  Louis  in  1836.  His  education  was  largely  self-acquired 
although  he  attended  an  excellent  private  school  for  a  few 
terms.  At  the  age  of  fourteen  he  began  work  as  a  clerk  in  a 
grocery.  For  several  years  he  worked  on  his  father's  farm  in 
Franklin  county.  In  1849  he  returned  to  St.  Louis  and 
again  worked  for  a  firm  of  grocers.  Four  years  later  he 
commenced  business  for  himself,  establishing  a  wholesale 
grocery,  which  he  conducted  for  many  years.  He  was  one 
of  the  organizers  and  directors  of  the  Franklin  Fire  and 
Marine  Insurance  Company,  the  Franklin  Savings  Institute, 
and  the  Central  Savings  Bank  and  the  German  Llomestead 
and  Building  Association,  being  president  of  the  last  two 
organizations.  He  was  also  one  of  the  first  directors  of  the 
Life  Association  of  America.  In  1872  he  began  the  publica- 
tion of  Amerika,  a  Catholic  newspaper.  From  1867  to  1873 
he  was  a  member  of  the  State  Senate.  In  March,  1875,  he 
was  appointed  one  of  the  State  Railroad  Commissioners  but 
refused  the  office.  In  1881  he  became  the  Labor  Commis- 
sioner of  Missouri.  In  1850  he  married  Miss  Catherine 
Richter  of  St.  Louis,  who  died  in  1852.  Two  years  later  he 
married  Miss  Mariana  Brunsmann.  He  was  a  member  of 
the  Catholic  church  and  was  connected  with  various  benevo- 
lent orders  connected  with  that  church,  helping  organize  the 
German  St.  Vincent  Orphan  Association  and  the  St.  Joseph 
Benevolent  Society.  From  1873  to  1891  he  was  president 
of  the  German  Roman  Catholic  Central  Society  and  was  then 


108  JOURNAL  OF  THE  MISSOURI 

made  honorary  president  for  life.  He  also  served  as  presi- 
dent of  the  Catholic  Benevolent  Union  of  the  United  States. 
He  died  at  St.  Louis  in  1907. 

William  F.  Switzler  (Democrat)  was  born  in  Fayette 
county,  Kentucky,  March  16,  1819.  The  family  came  to 
Missouri  in  1826,  locating  in  Fayette  but  removing  to  a 
farm  near  Franklin  in  1830.  He  first  attended  a  local 
school  taught  by  Lawrence  J.  Daley  in  Fayette.  He  later 
attended  the  Mount  Forest  Academy  near  his  home.  In 
1839-40  he  began  the  study  of  law,  receiving  occasional  aid 
from  Judge  Abiel  Leonard  and  Col.  Jo  Davis  of  Fayette. 
In  1841  he  went  to  Columbia  and  continued  his  legal  studies 
with  Major  James  S.  Rollins.  He  was  admitted  to  the  bar 
in  1841  and  practiced  until  1845.  In  1840  he  had  written  a 
series  of  articles  favoring  the  election  of  Harrison  which  had 
been  published  in  the  Boonslick  Times  at  Fayette.  In  1841 
he  became  the  editor  of  the  Columbia  Patriot  and  in  1843, 
together  with  Younger  J.  Williams,  purchased  it.  In  1843 
he  established  the  Missouri  Statesman  which  he  owned  and 
edited  until  1885.  For  a  short  time  in  1878  he  assumed  half 
ownership  and  chief  editorial  control  of  the  St.  Joseph 
Chronicle.  From  1892-93  he  was  editor  of  the  Daily  Con- 
stitution in  Chillicothe  and  from  1893-98  he  was  editor  and 
publisher  of  the  Boonville  Democrat.  Mr.  Switzler  was 
elected  to  the  Missouri  House  of  Representatives  three 
times  on  the  Whig  ticket.  He  was  a  member  of  the  1860 
national  Whig  convention.  He  was  a  Union  sympathizer 
and  in  1862  was  appointed  to  go  with  John  S,  Phelps  to 
Little  Rock,  Arkansas  and  establish  a  loyal  state  govern- 
ment there.  He  there  became  provisional  Secretary  of  State. 
In  1863  he  was  made  provost  marshal  for  the  Ninth  con- 
gressional district  of  Missouri  to  carry  out  the  provisions  of 
the  law  for  the  enrollment  of  those  liable  for  military  service. 
He  was  removed  from  office  because  of  his  support  of  Mc- 
Clellan  in  the  presidential  campaign  of  1864.  In  1865  he 
was  a  member  of  the  Constitutional  Convention  and  vigor- 
ously opposed  the  test  oaths.     In  1866  and  again  in  1868 


CONSTITUTIONAL  CONVENTION,   1875       109 

he  was  the  Democratic  nominee  for  Congress  and,  on  the 
face  of  the  returns,  was  elected  but  was  counted  out  by  the 
Secretary  of  State.  He  contested  both  elections  and  the 
Committee  on  Elections  declared  him  elected  but  the  House 
voted  down  the  report  of  the  Committee.  In  1885  he  was 
appointed  by  President  Cleveland  to  the  position  of  chief 
of  the  Bureau  of  Statistics  of  the  Treasury  Department, 
and  served  until  the  end  of  the  administration.  Mr.  Switz- 
ler  was  for  many  years  a  trustee  of  the  Columbia  Female 
Academy,  of  Christian  College  and  of  the  University  of 
Missouri.  In  August,  1843,  he  married  Miss  Mary  Jane 
Royall.  He  was  a  member  of  the  Presbyterian  church.  He 
was  the  author  of  "Commerce  on  the  Mississippi  and  Ohio 
Rivers,"  "History  of  Statistics  and  Their  Value,"  "Illus- 
trated History  of  Missouri,"  "Wool  and  the  Manufactures  of 
Wool,"  "History  of  Boone  County"  and  "History  of  the 
University  of  Missouri"  (unpublished).  He  died  in  Colum- 
bia,  May  24,  1906. 

Amos  R.  Taylor  (Democrat)  was  born  near  Owens- 
borough,  Kentucky,  January  23,  1842,  and  died  in  San 
Luis  Obispo,  California,  January  7,  1920.  For  two  or  three 
years  he  attended  Owensborough  College  and  in  1860  entered 
the  junior  class  at  Yale.  At  the  outbreak  of  the  Civil  War 
he  left  college  and  enlisted  as  a  private  in  the  Confederate 
Army.  He  was  promoted  to  the  rank  of  captain  before  the 
close  of  the  war.  He  was  paroled  in  May,  1865.  He  then 
studied  law  at  Owensboro  and  was  soon  admitted  to  the  bar. 
He  was  elected  attorney  of  Daviess  county,  Kentucky,  in 
1866  but  resigned  in  1868.  He  located  in  St.  Louis  in  1868, 
making  that  city  his  home  for  the  remainder  of  his  life.  In 
1868  he  married  Miss  Anna  Rudd,  of  Louisville,  Kentucky. 

John  H.  Taylor  (Democrat)  was  born  in  Leesburg, 
Virginia",  January  26,  1837.  The  family  came  to  Missouri  in 
1844  and  located  first  at  Paris,  going  later  to  Independence. 
He  attended  the  local  school  at  Paris  and  then  completed 
the  course  offered  in  an  academy  at  Independence,  which 
his  father  had  established.     He  studied  law  with  the  firm 


110  JOURNAL  OF  THE  MISSOURI 

of  Chrisman  &  Comingo  and  was  admitted  to  the  bar  in 
1857.  The  Civil  War  interrupted  his  practice  and  at  its 
close  he  was  in  the  State  of  Louisiana.  He  was  a  Southern 
sympathizer.  In  1871  the  lead  discoveries  interested  him 
in  a  piece  of  property  near  Joplin  in  which  he  owned  a  share 
and  he  at  once  began  operations  in  that  region.  He  in- 
vested all  of  his  available  means  in  land  in  the  vicinity,  and 
was  largely  instrumental  in  organizing  the  Joplin  Mining 
and  Smelting  Company,  the  first  corporate  mining  body  on 
the  ground.  He  organized  other  similar  companies  and  in 
1894  consolidated  his  interests  into  the  Taylor  Land  and 
Investment  Company.  He  assisted  in  organizing  the  Joplin 
Savings  Bank,  the  first  banking  institution  in  the  town. 
Before  his  removal  to  Joplin,  Mr.  Taylor  had  held  the  offices 
of  circuit  clerk  of  Jackson  county,  city  attorney  of  Indepen- 
dence, and  county  school  commissioner.  While  a  resident 
of  Carthage  he  was  member  of  the  city  council.  In  1873 
he  was  selected  by  the  United  States  Government  to  be  one 
of  the  commissioners  representing  the  mining  industry  at 
the  World's  Fair  at  Vienna.  He  collected  the  exhibit  to  be 
sent  from  Joplin  but  was  prevented  from  attending.  In 
1898  he  was  appointed  a  commissioner  to  the  Omaha  Ex- 
position. He  was  a  delegate  to  various  party  conventions. 
He  was  a  leader  in  the  temperance  movement  and  in  the 
work  of  the  Y.  M.  C.  A.  He  was  a  member  of  the  Presby- 
terian church.  He  was  affiliated  with  the  I.  0.  0.  F.  and 
B.  P.  0.  E.  The  site  of  the  Children's  Home  in  Joplin  was 
donated  by  Mr.  Taylor.  In  April,  1874,  he  married  Miss 
Lulie  Smith.     He  died  at  Joplin,  August  30,  1902. 

Albert  Todd  (Democrat)  was  born  near  Cooperstown, 
Otesego  county.  New  York,  March  4,  1813.  In  1832  he 
entered  Amherst  College,  remaining  there  one  year.  He 
then  attended  Yale  College,  graduating  with  honors  in  1836. 
He  studied  law  in  the  office  of  Judge  Arphaxed  Loomis  of 
Little  Falls,  New  York.  He  came  to  St.  Louis  in  1839  and 
began  the  practice  of  law.  In  1854  he  was  elected  to  the 
lower  House  of  the  Missouri  Legislature.    He  was  a  candidate 


CONSTITUTIONAL  CONVENTION,   1875       111 

for  Congress  on  the  Bell-Everett  ticket  but  was  defeated. 
After  the  adoption  of  the  Constitution  of  1875  he  was  a  mem- 
ber of  the  board  of  freeholders  which  framed  the  charter  of 
St.  Louis  separating  it  from  the  county.  He  was  one  of 
the  founders  of  Washington  University  and  for  many  years 
was  a  member  of  the  board  of  trustees.  He  also  held  a 
professorship  in  the  School  of  Law,  giving  his  services 
gratuitously.  He  also  helped  organize  the  St.  Louis  Agri- 
cultural and  Mechanical  Association,  the  University  Club, 
the  Public  School  Library,  the  Mercantile  Library,  the 
Missouri  Historical  Society  and  the  St.  Louis  Bar  Associa- 
tion. He  was  a  member  of  the  Academy  of  Sciences.  His 
wife  was  Miss  Jane  Wilson  of  Little  Falls,  New  York.  Mr. 
Todd  died  in  St.  Louis,  April  30,  1885. 

Levi  J.  Wagner  (Democrat),  a  native  of  New  York, 
was  born  in  1810.  He  attended  Allegheny  College,  grad- 
uating in  1831.  He  came  to  Missouri  in  the  early  forties 
and  began  the  practice  of  law  at  Memphis.  He  owned  a 
large  tract  of  land  near  Memphis  and  devoted  a  portion  of 
his  time  to  farming.  He  retired  from  the  practice  of  law 
during  the  Civil  War.  During  the  war,  his  sympathies  were 
with  the  Union.  He  was  the  first  president  of  the  Citizens 
Bank  and  served  until  his  death.  He  represented  Scotland 
county  in  the  Legislature  in  1856  and  in  the  adjourned  ses- 
sion of  1869.  He  also  served  a  term  as  county  treasurer. 
In  1856  he  was  a  member  of  the  committee  to  revise  the 
Missouri  statutes.  He  was  a  member  of  the  Methodist 
church  and  of  the  Masonic  order.  He  died  at  Memphis  in 
1882. 

Henry  C.  Wallace  (Democrat)  was  born  in  Woodford 
county,  Kentucky,  August  18,  1823.  He  was  educated  at 
Sinking  Spring  Academy  and  at  Center  College.  Forced 
to  leave  school  on  account  of  his  health,  he  came  to  Lexing- 
ton, Missouri,  where  his  parents  had  located  in  1844.  He 
taught  in  Lexington  for  a  year  or  so  and  then  studied  law 
with  F.  C.  Sharp.  He  was  admitted  to  the  bar  in  1849  and 
after  practicing  for  about  eighteen  months  entered  the  Louis- 


112  JOURNAL  OF  THE  MISSOURI 

ville  (Kentucky)  Law  School,  graduating  in  1851.  He  then 
returned  to  Lexington  where  he  practiced  until  his  death. 
He  was  justice  of  the  peace  and  city  attorney  from  1849  to 
1853.  He  was  a  Whig  until  that  party  disappeared,  after 
which  he  was  a  Democrat.  He  was  a  Constitutional  Union 
man  during  the  war  but  having  two  brothers  in  the  Confed- 
erate Army,  he  had  a  sentimental  sympathy  for  the  Southern 
people.  On  June  4,  1863,  he  married  Miss  Lizzie  Sharp  of 
Christian  county,  Kentucky.  He  was  a  member  of  the 
Baptist  church  and  for  a  number  of  years  was  moderator  of 
the  Lafayette  and  Johnson  Association.  He  was  afTiliated 
with  the  Masons  and  Knights  Templar.  He  died  in  Lex- 
ington, October  24,  1901. 


1]*    JOURNAL 

OF  THE 

CONSTITUTIONAL  CONVENTION 

OF  THE 

STATE  OF  MISSOURI 


Begun  and  Held  at  the  City  of  Jefferson  on  Wednesday, 
the  5th  Day  of  May,  A.  D.  1875. 


In  pursuance  of  an  act  of  the  General  Assembly  of  the 
State  of  Missouri,  entitled  "An  act  to  authorize  a  vote  of 
the  people  to  be  taken  upon  the  question  whether  a  conven- 
tion shall  be  held  for  the  purpose  of  revising  and  amending 
the  Constitution  of  this  State,"  approved  March  25,  1874, 
the  delegates  to  a  convention  elected  by  the  people  of  the 
State  of  Missouri,  under  said  act,  met  in  convention  in  the 
Hall  of  the  House  of  Representatives  in  the  Capitol  at 
Jefferson  City  on  the  5th  day  of  May  in  the  year  of  our  Lord 
eighteen  hundred  and  seventy-five,  it  being  the  first  Wed- 
nesday in  said  month  at  twelve  o'clock  m.,  and  were  called 
to  order  by  Michael  K.  McGrath,  Secretary  of  State. 

Mr.  Conway  offered  the  following  resolution: 

Resolved,  That  Rev.  W.  M.  Prottsman  be  requested  to  open  this 
Convention  with  prayer. 

which  was  read  and  adopted. 

Prayer  was  then  offered  by  the  Rev.  W.  M.  Prottsman. 

On  motion  of  Mr.  Broadhead,  Mr.  Robert  A.  Campbell, 
of  St.  Louis,  was  elected  to  act  as  temporary  secretary. 

♦The  black  face  figures  in  semi-brackets  refer  to  the  paging  in  the  original  jour- 
nal of  the  Convention.  When  preceded  by  the  letter  S,  they  refer  to  the  paging  in  the 
Supplement  to  the  Journal. 

(113) 


114 


JOURNAL  OF  THE  MISSOURI 


The  Secretary  of  State  laid  before  the  Convention  the 
following  communication: 

State  of  Missouri, 

Office  of  Secretary  of  State, 

City  of  Jefferson,  May  5,  1875. 
To  the    Honorable, 

2]      The  Members  oj  the  State  Constitutional  Convention. 
Gentlemen: 

I  have  the  honor  to  submit  herewith  all  the  returns  in  my  possession 
of  the  election  held  on  the  twenty-sixth  day  of  January,  A.  D.  eighteen 
hundred  and  seventy-five,  for  delegates  to  the  State  Constitutional  Con- 
vention as  also  a  certificate  giving  the  names  of  the  delegates  elected  to 
said  State  Constitutional  Convention  at  the  said  election. 
I  have  the  honor  to  be, 
Very  Respectfully, 

Your  Obedt.  Servant, 

Michael  K.  McGrath, 

Secretary  of  State. 
State  of  Missouri, 
Office  of  Secretary  of  State. 

I.  Michael  K.  McGrath,  Secretary  of  State,  of  the  State  of  Missouri, 
hereby  certify  that  the  following  is  a  full,  true  and  complete  list  of  the 
names  of  all  of  the  delegates  elected  to  the  State  Constitutional  Conven- 
tion of  Missouri,  at  an  election  held  on  the  twenty-sixth  day  of  January, 
A.  D.  eighteen  hundred  and  seventy-five,  according  to  the  returns  of 
said  election  in  this  office. 

In  Testimony  Whereoj,  I  have  hereunto  set  my  hand  and  affixed  my 
seal  of  office.  Done  at  office  in  the  City  of  Jefferson,  this  fifth  day  of 
May,  A.  D.  eighteen  hundred  and  seventy-five. 

(Seal)  Michael  K.  McGrath, 

Secretary  of  State. 


3]  District 

;              Names 

1st 

Malcolm  McKillop 

Thomas  J.  Johnston 

2nd 

James  C.  Roberts 

Henry  Roone 

3rd 

Elijah  H.  Norton 

De^itt  C.  Allen 

4th 

Junius  A.  Holliday 

James  L.  Farris 

.5th 

John  B.  Hale 

John  H.  Shanklin 

6th 

Westley  Halliburton 

Charles  Hammond 

7th 

Armstead  M.  Alexander 

Hezekiah  M.  Porter 

8th 

John  A.  Rippey 

Benjamin  R.  Dysart 

'     District 
9th 


10th 


11th 
12th 
13th 
14th 


15th 


16th 


Names 
William  F.  Switzler 
John  P.  Rucker 
Henry  C.  Lackland 
L.  J.  Dryden 
A.  V.  McKee 
N.  C.  Hardin 
Levi  J.  Wagner 
Louis  F.  Cottey 
F;dward  McCabe 
William  Priest 
William  Chrisman 
Francis  M.  Black 
Waldo  P.  Johnson 
E.  A.  Nickerson 
S.  R.  Crockett 
J.  H.  Taylor 


CONSTITUTIONAL  CONVENTION,   1875       115 


District 

Names 

District 

1              Names 

17th 

Henry  C.  Wallace 

26th 

L.  H.  Davis 

W.  H.  Letcher 

J.  H.  Rider 

18th 

Benjamin  F.  Massey 

27th 

A.  M.  Lay 

John  Ray 

T.  J.  Kelly 

19th 

C.  B.  McAfee 

28th 

Washington  Adams 

R.  W.  Fyan 

James  P.  Ross 

20th 

George  W.  Bradfield 

4]  29th 

Geo.  H.  Shields 

John  W.  Ross 

Henry  T.  Mudd 

21st 

T.  W.  B.  Crews 

30th 

Lewis  Gottschalk 

Charles  D.  Eitzen 

James  0.  Broadhead 

22d 

John  Hyer 

31st 

Albert  Todd 

James  H.  Maxey 

Joseph  Pulitzer 

23d 

Philip  Pipkin 

32d 

Thomas  T.  Gantt 

E.  Virgil  Conway 

Amos  R.  Taylor 

24th 

John  F.  T.  Edwards 

33d 

Henry  J.  Spaunhorst 

Pinkney  Mabrey 

Nicholas  A.  Mortell 

25th 

Nathaniel  W.  Watkins 

34th 

Henry  C.  Brockmeyer 

George  W.  Carlton 

James  C.  Edwards 

which  was  read. 

Mr.  Holliday  offered  the  following  resolution: 

Resolved,  That  the  Chair  appoint  a  committee  of  five  to  receive 
and  examine  the  credentials  of  the  members  of  the  Convention  and  that 
the  committee  be  directed  to  report  at  ten  o'clock  on  tomorrow  morning. 

which  was  read. 

Mr.  Broadhead  offered  the  following  substitute: 

Resolved,  That  the  following  oath  be  taken  by  the  members  of  this 
Convention.  You  do  solemnly  swear  to  support  the  Constitution  of 
the  United  States,  and  so  much  of  the  third  Section  of  Article  XII  of  the 
Constitution  of  Missouri  as  relates  to  your  duties  as  a  member  of  this 
Convention,  and  the  provisions  of  the  act  of  the  General  Assembly  of 
Missouri  under  which  this  Convention  was  called,  and  that  you  will  well 
and  faithfully  without  passion  or  prejudice  discharge  the  duties  devolving 
upon  you  as  a  member  of  this  Convention. 

which  was  read. 

Mr.  Roberts  offered  the  following  amendment  to  the 
substitute: 

Amend  by  striking  out  all  after  the  word  resolved  and  insert  the 
following: 

That  the  following  oath  be  administered  to  the  members  of  this 
5]  Convention: 

I  do  solemnly  swear  that  I  will  support  the  Constitution  of  this 
United  States  and  that  I  will  faithfully  discharge  my  duties  as  a  member 
of  this  Convention. 

which  was  read. 


116 


JOURNAL  OF  THE  MISSOURI 


Mr.  Massey  moved  to  lay  the  amendment  on  the  table, 
which  was  agreed  to. 

The  roll  of  the  Convention  being  called  the  following 
members  answered  to  their  names: 


Alexander 

Davis 

Hardin 

Maxey 

Rucker 

Allen 

Dryden 

HoUiday 

Mudd 

Shanklin 

Black 

Dysart 

Johnston 

Niekerson 

Shields 

Boone 

Edwards 

Lackland 

Norton 

Spaunhorst 

Bradfield 

of  Iron 

Lay 

Pipkin 

Switzler 

Broadhead 

Edwards 

Letcher 

Priest 

Taylor 

Broekmej^er 

of  St.  Louis 

Mabrey 

Pulitzer 

of  St.  Louis 

Carle  ton 

Farris 

Massey 

Ray 

Taylor 

Chrisman 

Fyan 

McAfee 

Rider 

of   Jasper 

Conway 

Gantt 

McCabe 

Rippey 

Wallace 

Cottey 

Hale 

McKee 

Roberts 

Wagner 

Crews 

Halliburton 

M  or  tell 

Ross 

Watkins        58 

Crockett 

Hammond 

ABSENT 

Adams 

Gottschalk 

Johnson 

Ross 

Todd 

Eitzen 

Hyer 

McKillop 

of  Morgan 

8 

On  motion  of  Mr.  Brockmeyer,  the  Convention  took 
a  recess  until  2:30  p.  m. 


AFTERNOON  SESSION 

The  hour  of  recess  having  expired  the  Secretary  of 
State  called  the  Convention  to  order. 

Mr.  Shields  offered  the  following  resolution: 

Resolved,  That  the  Secretary  now  call  the  roll  and  that  as  their 
names  are  called  eight  members  at  a  time  present  themselves  before 
the  President's  desk  and  take  the  following  oath: 

I  do  solemnly  swear  that  I  will  support  the  Constitution  of  the 
United  States  and  so  much  of  Section  three  of  Article  XII  of  the  Con- 
stitution of  the  State  as  is  applicable,  and  the  provisions  of  the  act  of  the 
6]  General  Assembly  calling  this  Convention,  and  that  I  will  faithfully 
without  passion  or  prejudice  discharge  the  duties  devolving  upon  me  as 
a  member  of  this  Convention,  so  help  me  God. 

which  was  read  and  adopted. 

Whereupon  the  following  members  came  forward  and 
took  oath  as  above  prescribed,  the  same  being  administered 
by  Hon.  Geo.  W.  Miller,  Judge  of  the  First  Judicial  Circuit: 


CONSTITUTIONAL  CONVENTION,   1875        117 


Alexander  Dryden  Johnston  Nickerson  Rucker 

Allen  Dysart  of  Nodaway  Norton  Shanklin 

Black  Edwards  Johnson  Pipkin  Shields 

Boone  of  Iron  of  St.  Clair     Priest  Spaunhorst 

Bradfield  Edwards  Lackland  Pulitzer  Switzler 

Broadhead  of  St.  Louis  Lay  Ray  Taylor 

Brockmeyer  Farris  Letcher  Rider  of  St  Louis. 

Carleton  Fyan  Mabrey  Rippey  Taylor 

Chrisman  Gantt  Massey  Roberts  of  Jasper 

Conway  Hale  McAfee  Ross  Wallace 

Cottey  Halliburton  McCabe  of  Morgan  Wagner 

Crews  Hammond  McKee  Ross  Watkins        59 

Crockett  Hardin  Maxey  of  Polk 

Davis  Holliday  Mudd 

ABSENT 

Adams  Gottschalk       McKillop  Mortell  Todd  7 

Eitzen  Hyer 

Mr.  Pulitzer  offered  the  following  resolution: 

Resolved,  That  the  Convention  npw  proceed  to  a  permanent  or- 
ganization by  the  election  of  the  following  officers:  one  President,  one 
Vice  President,  one  Secretary,  one  Assistant  Secretary,  one  Doorkeeper, 
one  Sergeant-at-Arms,  and  the  election  shall  be  viva  voce  on  the  calling 
of  the  roll. 

Mr.  Conway  offered  the  following  substitute: 

Resolved,  That  a  committee  of  five  be  appointed  by  the  Chair  to 
report  what  officers  are  necessary  to  be  appointed  by  this  Convention 
7]  for  the  transaction  of  the  business  of  the  Convention. 

which  was  read  and  not  adopted. 

The  question  recurring  on  the  adoption  of  the  resolu- 
tion offered  by  Mr.  Pulitzer,  the  resolution  was  adopted. 
Mr.  Hardin  offered  the  following  resolution: 
Resolved,  That  a  majority  of  all  the  votes  east  shall  elect. 

which  was  read  and  adopted. 

The    Convention    then   proceeded    to    the   election    of 
President  with  the  following  result: 

For  Waldo  P.  Johnson 17 

For  N.  W.  Watkins 13 

For  E.  H.  Norton 12 

For  Jas.  O.   Broadhead 7 

For  Wm.  F.  Switzler 10 

Absent 7 

Whole  number  of  votes  east,  59. 
Necessary  to  a  choice,  30. 


118 


JOURNAL  OF  THE  MISSOURI 


No  one  having  received  a  majority  of  all  the  votes  cast 
the  Convention  proceeded  to  a  second  ballot  with  the  fol- 
lowing result: 

For  Waldo  P.  Johnson 22 

For  N.  W.  Watkins 12 

For  E.  H.  Norton 9 

For  Jas.  O.  Broadhead 8 

For  Wm.  F.  Switzler 11 

Absent 4 

Whole  number  of  votes  cast,  62. 
Necessary  to  a  choice,  32. 

No  one  having  received  a  majority  of  all  the  votes  cast 
the  Convention  proceeded  to  a  third  ballot. 
8]        Mr.  Pipkin  offered  the  following  resolution: 

Resolved,  That  after  one  more  ballot  the  candidate  receiving  the 
lowest  number  of  votes  shall  be  dropped  and  after  each  subsequent  bal- 
lot the  same  rule  shall  be  adopted  until  a  President  is  elected. 

which  was  read  and  adopted. 

The  result  of  the  third  ballot  was  as  follows: 

FOR  E.  H.  NORTON 

Alexander         Allen  Boone  Johnston  Roberts  5 

of  Nodaway 

FOR  WALDO  P.  JOHNSON 

Black  Crews  Massey  Norton  Ross 

Bradfield  Crockett  McAfee  Priest  of  Polk 

Broadhead  Farris  McCabe  Puhtzer  Taylor 

Chrisman  Fyan  Maxey  Ross  of  Jasper 

Cottey  Lay  Nickerson  of  Morgan  Wallace         22 

FOR  N.  W.  WATKINS 

Brockmeyer     Davis  Edwards  Johnson  Rider 

Carleton  Edwards  of  St.  Louis      of  St.  Clair    Switzler 

Conway  of  Iron  HoUiday  Mabrey  Taylor 

of  St.  Louis  12 

FOR  JAS.  O.  BROADHEAD 

Dryden  Hardin  McKee  Mudd  Spaunhorst 

Gantt  Lackland  Mortell  Shields  Wagner         10 

FOR  WM.  F.  SWITZLER 

Dysart  Hammond        Pipkin  Rippey  Shanklin 

Hale  Letcher  Ray  Rucker  Watkins         11 

Halliburton 


CONSTITUTIONAL  CONVENTION,   1875       119 


Adams 
Eitzen 


Gottschalk 


ABSENT 
Hyer  Mo  Kill  op 


Todd 


Whole  number  of  votes  cast,  60. 
Necessary  to  a  choice,  31. 

No  one  having  received  a  majority  of  all  the  votes  cast 
the  Convention  proceeded  to  the  fourth  ballot  with  the 
following  result: 

9]  Messrs.  C.  D.  Eitzen,  Louis  Gottschalk  and  Albert 
Todd  came  forward  and  were  sworn  in  as  members  of  the 
Constitutional  Convention  by  the  Hon.  Geo.  W.  Miller,  of 
Cole  county. 

FOR  WALDO  P.  JOHNSON 


Alexander 

Allen 

Black 

Bradfield 

Broadhead 

Chrisman 

Cottey 
Crews 
Crockett 
Edwards 
of  Iron 
Farris 

Fyan                  Niekerson 
Lay                    Norton 
Massey              Priest 
McAfee             Pulitzer 
McCabe            Ross 
Maxey                 of  Morgan 

Ross 

of  Polk 
Spaunhorst 
Taylor 

of  Jasper 
Wallace        26 

FOR  N.  W.  WATKINS 

Boone 

Brockmeyer 
Carleton 

Conway 

Davis 

Holliday 

Johnston           Johnson 
of  Nodaway      of  St.  Clair 
Mabrey 

Rider 
Roberts 
Switzler        12 

FOR 

JAS.  0.  BROADHEAD 

Dryden 
Edwards 
of  St.  Louis 

Eitzen 
Gantt 
Gottschalk 

Hardin              Mortell 
Lackland           Mudd 
McKee              Shields 

Taylor 
of  St.  Louis 
Wagner         13 

FOR  W.  F.  SW^ITZLER 

Dysart 

Hale 

Halliburton 

Hammond 

Letcher 

Pipkin 

Ray                   Rucker 
Rippey              Shanklin 

ABSENT 

Todd 
Watkins        12 

Adams 

Hyer 

McKillop 

3 

Whole  number  of  votes  cast,  63. 
Necessary  to  a  choice,  32. 

No  one  having  received  a  majority  of  all  the  votes  cast 
the  Convention  proceeded  to  a  fifth  ballot  with  the  follow- 
ing result: 


120 


JOURNAL  OF  THE  MISSOURI 


FOR 

WALDO  P.  JOHNSON 

Alexander 

Chrisman 

Edwards 

McAfee 

Ross 

Allen 

Conway 

of  Iron 

McCabe 

of  Morgan 

Black 

Cottey 

Farris 

Niokerson 

Ross 

Boone 

Crews 

Fyan 

Norton 

of  Polk 

Broadhead 

Crockett 

Lay 

Priest 

Taylor 

Bradfield 

Davis 

Mabrey 

Pulitzer 

of  Jasper 

Carleton 

Massey 

Roberts 

Wallace        30 

101   FOR  JAS.   0.  BROADHEAD 

Brockmeyer 

Gantt 

Johnson 

Mortell 

Switzler 

Dryden 

Gottschalk 

of  St.  Clair 

Mudd 

Taylor 

Edwards 

Hardin 

Lackland 

Shields 

of  St.  Louis 

of  St.  Louis 

Johnston 

IMcKee 

Spaunhorst 

Wagner         18 

Eitzen 

of  Nodaw 

■ay 

FOR  W.  F.  SWITZLER 

Dysart 

Hammond 

Pipkin 

Rippey 

Todd 

Hale 

Holliday 

Ray 

Rucker 

Watkins        14 

Halliburton 

Letcher 

Rider 

ABSENT 

Shanklin 

Adams  Hyer  McKillop  Massey  4 

Whole  number  of  votes  cast,  62. 
Necessary  to  a  choice,  32. 

No  one  having  received  a  majority  of  all  the  votes  cast 
the  Convention  proceeded  to  the  sixth  ballot  with  the  fol- 
lowing result: 

FOR  WALDO  P.  JOHNSON 


Alexander 

Crews 

Holliday 

Pipkin 

Ross 

Allen 

Crockett 

Lay 

Priest 

of  Polk 

Black 

Davis 

Mabrey 

Pulitzer 

Rucker 

Boone 

Dysart 

Massey 

Ray 

Spaunhorst 

Bradfield 

JJd  wards 

McAfee 

Rider 

Taylor 

Broadhead 

of  Iron 

McCabe 

Rippey 

of  Jasper 

Carleton 

Farris 

IVIaxey 

Roberts 

Wallace 

Chrisman 

Fyan 

Nickerson 

Ross 

Watkins        42 

Conway 

Halliburton 

Norton 

of  Morgan 

Cottey 

Hammond 

FOR 

JAS.  0.  BROADHEAD 

Brockmeyer 

Gottschalk 

Johnson 

Mortell 

Taylor 

Dryden 

Hale 

of  St.  Clair 

Mudd 

of  St.  Louis 

Edwards 

Hardin 

Lackland 

Shanklin 

Todd 

of  St.  Louis  Johnston 

Letcher 

Shields 

Wagner         21 

Eitzen 

of  Nodaway    McKee 

Switzler 

Gantt 

CONSTITUTIONAL  CONVENTION,   1875       121 

ABSENT 

Adams  Hyer  McKillop  3 

Whole  number  of  votes  cast,  63. 
Necessary  to  a  choice,  32. 

11]  Mr.  Johnson  having  received  a  majority  of  all  the 
votes  cast  was  declared  duly  elected  President  of  the  Con- 
vention. 

On  motion  a  committee  of  three  was  appointed  con- 
sisting of  Messrs.  Pulitzer,  Switzler  and  Broadhead  to  wait 
upon  Mr.  Johnson  to  inform  him  of  his  election  and  escort 
him  to  the  chair. 

Mr.  Johnson,  upon  taking  the  chair,  made  the  following 
remarks: 

The  unsought  and  unmerited  compliment  which  the  Convention 
had  paid  him  stirred  within  him  feelings  of  unfeigned  thankfulness.  He 
was  astonished  that  he  had  been  sent  to  the  Convention  at  all,  and  much 
more  so  that  so  distinguished  an  honor  should  be  conferred  upon  him  by 
men  to  most  of  whom  he  was  personally  a  stranger.  He  would  not  refer 
to  the  past,  it  should  only  be  remembered  as  it  throws  light  upon  the 
future  and  in  return  for  the  confidence  the  Convention  had  reposed  in 
him,  he  could  only  promise  to  preside  over  its  deliberations  impartially 
and  fairly  to  the  best  of  his  ability. 

Mr.  Brockmeyer  moved  a  suspension  of  the  rules  gov- 
erning the  election  of  officers  as  applied  to  the  office  of  Vice- 
President. 

The  motion  being  adopted,  Mr.  Brockmeyer  nominated 
Mr.  N.  W.  Watkins  for  Vice-President  who  was  elected  by 
acclamation. 

Nominations  for  the  office  of  Secretary  being  in  order 
the  following  gentlemen  were  placed  in  nomination:  Alex- 
ander, Dodds,  Nolan,  Gillispie,  Bell  and  Campbell. 

The  Convention  then  proceeded  to  ballot  with  the 
following  result: 

FOR  MR.  ALEXANDER 

Carleton  Crews  Letcher  Wallace  .  4 

FOR  MR.  DODDS 

Bradfield  Mortell  Maxey  Taylor  Todd  6 

Fyan  of  St.  Louis 


122 


JOURNAL  OF  THE  MISSOURI 


FOR  MR.  NOLAN 


12]  Alexander 
Black 
Boone 
Chrisman 

Conway            Hale                  McKee 
Crockett           Hardin              Nickerson 
Dryden             Lay                    Norton 
Farris                Massey              Pipkin 

FOR  MR.  GILLISPIE 

Roberts 
Shanklin 
Taylor 
of  Jasper    19 

Cottey 
Dysart 

Halliburton      McCabe            Rider 
McAfee             Priest                 Rippey 

FOR  MR.  BELL 

Wagner           9 

Edwards 
of  Iron 

Hammond        Johnson            Mudd 
Holliday            Mabrey             Ray 

FOR  MR.  CAMPBELL 

Ross  of  Polk 
Watkins          9 

Broadhead 
Edwards 
of  St.  Louis 

Eitzen               Johnston           Pulitzer 
Gantt                    of  NodawayRoss 
Gottschalk       Lackland              of  Morgai 

Shields 
Spaunhorst 
n    Switzler       12 

Adams 
Allen 


Brockmeyer 
Davis 


ABSENT 
Hyer 


McKillop 


Rucker 


Whole  number  of  votes  cast,  60. 
Necessary  to  a  choice,  31. 

No  one  having  received  a  majority  of  all  the  votes  cast, 
the  Convention  proceeded  to  a  second  ballot  with  the  fol- 
lowing result: 

FOR  MR.  DODDS 
Davis  Mortell  2 


FOR  MR.  GILLISPIE 


Cottey 
Dysart 
Halliburton 


Carleton 
Edwards 
of  Iron 


13]Bradfield 
Broadhead 
Brockmeyer 
Crews 


McCabe 
Rider 


Rippey 
Spaunhorst 


Taylor 
of  St. 


Wagner 


Louis 


FOR  MR.  BELL 


Hammond 
Holliday 


Johnson 

of  St.  Clair 
Mabrey 


Mudd 

Ray 

Ross  of  Polk 


Wallace 
Watkins 


11 


FOR  MR.  CAMPBELL 


Edwards  Gottschalk       Letcher 

of  St.  Louis  Johnston  Maxey 

Eitzen  of  NodawayPulitzer 

Gantt  Lackland  Ross 


of  Morgan 
Shields 
Switzler 
Todd  17 


CONSTITUTIONAL   CONVENTION,   1875       123 


FOR  MR.  NOLAN 


Alexander 

Conway 

Hale 

McKee 

Roberts 

Allen 

Crockett 

Hardin 

Nickerson 

Rucker 

Black 

Dryden 

Lay 

Norton 

Shanklin 

Boone 

Farris 

Massey 

Pipkin 

Taylor 

Chrisman 

Fyan 

McAfee 

Priest 

of  Jasper  24 

ABSENT 
Adams  Hyer  McKillop  3 

Whole  number  of  votes  cast,  63. 
Necessary  to  a  choice,  32. 

No  one  having  received  a  majority  of  all  the  votes  cast, 
the  Convention  proceeded  to  a  third  ballot  with  the  fol- 
lowing result: 

FOR  MR.  GILLISPIE 


Cottey 

Halliburton 

Johnson 

McCabe 

"Wagner           7 

Dysart 

of  St.  Clair  Rippey 

FOR  MR. 

BELL 

Carleton 

Holliday 

Ray 

Wallace 

Watkins         6 

Hammond 

FOR  MR.  CAMPBELL 

Bradfield 

Eitzen 

Lackland 

Ross 

Switzler 

Broadhead 

Gantt 

Letcher 

of  Morgan 

Taylor 

Brockmeyer 

Gottschalk 

Maxey 

Ross  of  Polk 

of  St.  Louis 

Crews 

Johnston 

Mudd 

Shields 

Todd             21 

Edwards 

of  NodawayPulitzer 

Spaunhorst 

of  St.  Louis 

FOR  MR. 

NOLAN 

Alexander 

Davis 

Hale 

McKee 

Rider 

Allen 

Dryden 

Hardin 

Mortell 

Roberts 

Black 

Edwards 

Lay 

Nickerson 

Rucker 

Boone 

of  Iron 

Mabrey 

Norton 

Shanklin 

Chrisman 

Farris 

Massey 

Pipkin 

Taylor 

Conway 

Fyan 

McAfee 

Priest 

of  Jasper  29 

Crockett 

ABSENT 
Adams  Hyer  McKillop 

Whole  number  of  votes  cast,  63. 
Necessary  to  a  choice,  32. 


124 


JOURNAL  OF  THE  MISSOURI 


No  one  having  received  a  majority  of  all  the  votes  cast, 
14]  the  Convention  proceeded  to  a  fourth  ballot  with  the 
following  result: 

FOR  MR.  CAMPBELL 


Bradfleld 

Eitzen 

Lackland 

Ross 

Switzler 

Broadhead 

Gantt 

Letcher 

of  Morgan 

Taylor 

Brockmeyer 

Gottschalk 

Maxey 

Ross  of  Polk 

of  St.  Louis 

Crews 

Johnston 

Mudd 

Shields 

Todd             21 

Edwards 

of  NodawayPulitzer 

Spaunhorst 

of  St.  Louis 

FOR  MR.  BELL 

Carleton 

Ilolliday 

Ray 

Wallace 

Watkins          6 

Hammond 

FOR  MR.  GILLISPIE 

Cottey 

Johnson 

MeCabe 

Rippey 

Wagner           7 

Dysart 

of  St.  Clair 

Halliburton 

FOR  MR.  NOLAN 

Alexander 

Davis 

Hale 

McKee 

Rider 

Allen 

Dryden 

Hardin 

McKiUop 

Roberts 

Black 

Edwards 

Lay 

Niekerson 

Rucker 

Boone 

of  Iron 

Mabrey 

Norton 

Shanklin 

Chrisman 

Farris 

Massej^ 

Pipkin 

Taylor 

Conway 

Fyan 

McAfee 

Priest 

of  Jasper  29 

Crockett 

ABSENT 

Adams 

Hyer 

Mortell 

3 

Whole  number  of  votes  cast,  63. 
Necessary  to  a  choice,  32. 

No  one  having  received  a  majority  of  all  the  votes  cast, 
the  Convention  proceeded  to  a  fifth  ballot  with  the  fol- 
lowing result: 


FOR  MR.  CAMPBELL 

Bradfield 

Eitzen 

Letcher 

Ross 

Taylor 

Broadhead 

Gantt 

Mudd 

of  Polk 

of  St.  Lous 

Brockmeyer 

Gottschalk 

Pulitzer 

Shields 

Todd 

Carleton 

Halliburton 

Ray 

Spaunhorst 

Wagner 

Crews 

Hammond 

Ross 

Switzler 

Watkins       2( 

Edwards 

Johnston 

of  Morgan 

of  St.  Louis 

Lackland 

CONSTITUTIONAL  CONVENTION,   1875       125 


1 

5]     FOR  MR. 

NOLAN 

Alexander 

Davis 

Hardin 

McKee 

Rippey 

Allen 

Dryden 

Holliday 

Mortell 

Roberts 

Black 

Dysart 

Johnson 

Maxey 

Rucker 

Boone 

Edwards 

Lay 

Nickersou 

Shanklin 

Chrisman 

of  Iron 

Mabrey 

Norton 

Taylor 

Conway 

Farris 

Massey 

Pipkin 

of  Jasper 

Cottey 

Fyan 

McAfee 

Priest 

Wallace        37 

Crockett 

Hale 

McCabe 

Rider 

ABSENT 

Aaams  Hyer  McKillop  3 

Whole  number  of  votes  cast,  63. 
Necessary  to  a  choice,  32. 

Mr.  Campbell  received 26 

Mr.  Nolan  received 37 

Mr.  Nolan  having  received  a  majority  of  all  the  votes 

cast,  was  declared  elected  Secretary  of  the  Convention. 

The  Convention  then  proceeded  to  ballot  for  assistant 

secretary  with  the  following  result: 


FOR  MR.  MALONE 


Carleton 
Davis 


Dysart 
Mabrey 


Norton 
Pulitzer 


Rider 
Rippey 


FOR  MR.  ADAMS 


Allen  Edwards           Gottschalk 

Broadhead  of  St.  Louis  Hale 

Brockmeyer  Eitzen                Holliday 

Chrisman  Lackland 


Lay 
Letcher 
Priest 
Ross 

of  Morgan 


Rucker 


Alexander 

Crockett 

Fyan 


Boone 

Bradfield 

Dryden 


FOR  MR.  FOREMAN 

FOR  MR.  GRAY 

Johnson  McAfee  Ross 

of  St.  Clair  McCabe  of  Polk 

Massey  Ray 

FOR  MR.  ISABELL 

Farris  Johnston  Shanklin 

Halliburton  of  NodawaySwitzIer 

Hammond 


Spaunhorst 
Watkins       10 


Shields 
Todd 
Wallace       17 


Taylor 

of  Jasper 
Wagner        1 1 


Taylor 
of  St.  LouslO 


126 


JOURNAL  OF  THE  MISSOURI 


16]     FOR  MR.  GALBRAITH 


Black 

Conway 

Cottey 


Crews 
Edwards 
of  Iron 


Gantt 

Hardin 

McKee 


Mortell 

Mudd 

Nickerson 


Pipkin 
Roberts 


13 


ABSENT 
Adams  Hyer  McKillop  Maxey  4 

Whole  number  of  votes  cast,  62. 
Necessary  to  a  choice,  32. 

No  one  having  received  a  majority  of  all  the  votes  cast, 
the  Convention  proceeded  to  a  second  ballot  with  the  fol- 
lowing result: 

FOR  MR.  ISABELL 


Dryden 

Halliburton 

Johnston           Switzler 

Taylor 

Farris 

Hammond 

of  Nodaway 

of  St.  Louis  7 

FOR  MR.  GALBRAITH 

Black 

Crews 

Gantt                Mudd 

Pulitzer 

Boone 

Edwards 

McKee               Nickerson 

Rucker 

Conway 

of  Iron 

Mortell             Pipkin 

Spaunhorst  15 

Cottey 

FOR  MR.  GRAY 

Alexander 

Johnson 

McCabe             Ross 

Taylor 

Crockett 

of  St.  Clair  Ray                       of  Polk 

of  Jasper 

Fyan 

McAfee 

Wagner       10 

FOR  MR.  MALONE 

Bradfield 

Davis 

Mabrey             Norton 

Rippey 

Carleton 

Dysart 

Massey              Rider 
FOR  MR.  ADAMS 

Watkins       10 

Allen 

Edwards 

HolUday           Priest 

Shanklin 

Broadhead 

of  St.   Louis    Lackland           Roberts 

Shields 

Brockmeyer 

Eitzen 

Lay                     Ross 

Todd 

Chrisman 

Gottschalk 

Letcher                 of  Morgan 

Wallace       20 

Hale 

Maxey 
ABSENT 

Adams  Hyer  McKillop 

Whole  number  of  votes  cast,  63. 
Necessary  to  a  choice,  32. 


CONSTITUTIONAL  CONVENTION,   1875       127 

17]  No  one  having  received  a  majority  of  all  the  votes 
cast,  the  Convention  then  proceeded  to  a  third  ballot  with 
the  following  result: 

FOR  MR.  ADAMS 


Alexander 

Edwards 

Johnston           Priest 

Spaunhorst 

Allen 

of  St.  Louis 

of  NodawayRoss 

Taylor 

Bradfield 

Eitzen 

Lackland              of  Morgan 

of  St.  Louis 

Broadhead 

Gottschalk 

Lay                    Shanklin 

Todd 

Brockmeyer 

Hale 

Letcher             Shields 

WaUace       23 

Chrisman 

Holliday 

.    FOR  MR.  MALONE 

Carleton 

Halliburton 

Massey             Rider 

Switzler 

Davis 

Hammond 

Norton              Rippey 

Watkins       11 

Dysart 

FOR  MR.  GALBRAITH 

Black 

Crews 

Hardin              Mortell 

Pipkin 

Boone 

Edwards 

Mabrey             Mudd 

Roberts 

Conway 

of  Iron 

McKee              Niokerson 

Rucker         16 

Cottey 

Gantt 

FOR  MR,  GRAY 

Crockett 

Johnson 

McAfee             Ross 

Taylor 

Fyan 

of  St.  Clair 

McCabe                of  Polk 

of  Jasper 

Wagner  8 

ABSENT. 

Adams  Farris  McKillop  Pulitzer  Ray 

Dryden  Hyer  Maxey  8 

Whole  number  of  votes  cast,  58. 
Necessary  to  a  choice,  30. 

No  one  having  received  a  majority  of  all  the  votes  cast, 
the  Convention  proceeded  to  a  fourth  ballot  with  the  fol- 
lowing result: 


FOR  MR.  GALBRAITH 


Black 

Crews 

Edwards 

Massey 

Niokerson 

Conway 

Crockett 

of  Iron 

McKee 

Pipkin 

Cottey 

Dryden 

Farris 
Mabrey 

Mortell 
Mudd 

Rucker         16 

128 


JOURNAL  OF  THE  MISSOURI 


FOR  MR.  ADAMS 

18]  Alexander 

Eitzen 

Johnson             Pulitzer 

Taylor 

Allen 

Gantt 

of  St.  Clair  Ray 

of  St.  Louis 

Boone 

Gottschalk 

Lackland          Roberts 

Taylor 

Bradfield 

Hale 

Lay                    Ross 

of  Jasper 

Broadhead 

Hardin 

Letcher                  of  Morgan 

Todd 

Broekmeyer 

Holliday 

McCabe            Shanklin 

Wallace 

Chrisman 

Johnston 

Norton              Shields 

Wagner        34 

Edwards 

of  NodawayPriest                 Spaunhorst 

of  St.  Louis 

FOR  MR.  MALONE 

Carleton 

Fyan 

McAfee             Ross 

Switzler 

Davis 

Halliburton 

Rider                     of  Polk 

Watkins       12 

Dysart 

Hammond 

Rippey 
ABSENT 

Adams  Hyer  McKillop  Maxey  4 

Whole  number  of  votes  cast,  62. 
Necessary  to  a  choice,  32. 

Mr.  Adams  having  received  a  majority  of  all  the  votes 
cast  was  declared  duly  elected  assistant  secretary  of  the 
Convention. 

The  Convention  then  proceeded  to  ballot  for  sergeant- 
at-arms  with   the  following  result: 


Allen 


FOR  MR.  SCHRADER 

Norton  Roberts 


FOR  MR.  JESSIE 

Boone  Edwards  Johnston  Mudd  Shields 

Bradfield  of  St.  Louis       of  Nodaway  Pipkin  Switzler 

Conway  Hale  Lay  Rucker  Todd  14 

Letcher 


Black 


FOR  MR.  BOOTHE 
Chrisman  Mabrey  Shanklin 


FOR  MR.  BEN.  E.  GUTHRIE 


Alexander 

Farris 

Holliday 

Priest 

Rippey 

Cottey 

Halliburton 

McCabe 

Rider 

Wagner 

Dysart 

Hammond 

Nickerson 

13 


CONSTITUTIONAL  CONVENTION,   1875        129 


19]     FOR  MR.  FARRIS 


Crockett 

Johnson 

Massey              Ross 

Taylor 

Fyan 

of  St.  Clair  McAfee                 of  Polk 

Wallace          9 

Ray 

FOR  MR.  CARR 

Broadhead 

Eitzen 

Hardin              Mortell 

Taylor 

Crews 

Gantt 

Lackland           Pulitzer 

of  St.  Louis 

Dryden 

Gottschalk 

McKee              Spaunhorst 

Todd            14 

FOR  MR.  JOHN  GUTHRIE 

Broekmeyer 

Carleton 

Davis                Edwards 

of  Iron 

4 

ABSENT 

Adams 

Hyer 

McKillop          Massey 

Ross 

of  Morgan  5 
No  one  having  received  a  majority  of  all  the  votes  cast, 
the   Convention  proceeded  to  the  second   ballot  with    the 
following  vote: 


Broekmeyer 


Bradfield 
Conway 


FOR  MR.  JOHN  GUTHRIE 


FOR  MR.  JESSIE 


Edwards  Johnston  Ross  Shanklin 

of  St.  Louis       of  Nodaway     of  Morgan    Shields 
Hale  Mudd  Rucker  Switzler 


11 


FOR  MR.  BEN.  E.  GUTHRIE 


Alexander 

Fan-is 

Letcher 

Pipkin 

Roberts 

Carleton 

Halliburton 

McCabe 

Priest 

Wallace 

Cottey 

Hammond 

Niekerson 

Rider 

Wagner 

Davis 

Holliday 

Norton 

Rippy 

Watkins       21 

Dysart 

FOR  MR.  FARRIS 

Boone 

Johnson 

McAfee 

Ross 

Taylor 

Crockett 

of  St.  Clai 

r  Ray 

of  Polk 

9 

Fyan 

Massey 

FOR  MR.  CARR 

Allen 

Dryden 

Gottschalk 

Mabrey 

Spaunhorst 

Black 

Edwards 

Hardin 

McKee 

Taylor 

Broadhead 

of  Iron 

Lackland 

Mortell 

of  St.  Louis 

Chrisman 

Eitzen 

Lay 

Pulitzer 

Todd            19 

Crews 

130 


JOURNAL  OF  THE  MISSOURI 


ABSENT 
Adams  Gantt  Hyer  McKillop  Maxey  5 

20]  No  one  having  received  a  majority  of  all  the  votes 
cast,  the  Convention  proceeded  to  a  third  ballot  with  the 
following  result: 

FOR  MR.  JESSIE 


Boone 

Gantt 

Johnston 

Rucker 

Switzler 

Conway 

Hale 

of  NodawayShields 

Wallace          9 

FOR  MR.  BEN.  E. 

GUTHRIE 

Alexander 

Farris 

McCabe 

Priest 

Ross 

Carleton 

Halliburton 

Niekerson 

Rider 

of  Morgan 

Cottey 

Hammond 

Norton 

Rippey 

Wagner 

Davis 

Johnson 

Pipkin 

Roberts 

Watkins       20 

Dysart 

of  St.  Clair 

FOR  MR.  CARR 

Allen 

Dryden 

Hardin 

McKee 

Spaunhorst 

Black 

Edwards 

Holliday 

Mortell 

Taylor 

Bradfield 

of  Iron 

Lackland 

Pulitzer 

of  St.  Louis 

Broadhead 

Edwards 

Lay 

Ray 

of  Jasper 

Brockmeyer 

of  St.  Louis 

Letcher 

Ross 

Taylor 

Chrisman 

Eitzen 

Mabrey 

of  Polk 

Todd            32 

Crews 

Fyan 

Massey 

Shanklin 

Crockett 

Gottschalk 

McAfee 
ABSENT 

Adams 

Hyer 

McKillop 

Maxey 

Mudd             5 

Mr.  Carr  having  received  a  majority  of  all  the  votes 
cast,  was  declared  duly  elected  sergeant-at-arms  of  the  Con- 
vention. 

Nominations  for  doorkeeper  being  in  order  the  follow- 
ing gentlemen  were  placed  in  nomination:  C.  P.  Anderson, 
A.  C.  Hill,  J.  C.  Meador,  J.  H.  Green,  J.  D.  Crafton,  R.  C. 
Blackwell,  H.  E.  Moore. 

The  Convention  then  proceeded  to  ballot  with  the  fol- 
lowing result: 

FOR  C.  P.  ANDERSON 

Eitzen  Hardin  Mabrey  Ross  Rucker 

Fyan  Lay  Pulitzer  of  Morgan    Spaunhorst  9 


CONSTITUTIONAL  CONVENTION,   1875       131 


21]     FORA.  C.HILL 

Halliburton 

Holliday 

Johnson 

of  Nodaway 

FOR  J.  C.  MEADOR 
None. 

FOR  J.  H.  GREEN 

3 

Carleton 
Conway 

Davis 
Dryden 

McKee              Rider 
Mudd                 Ross 
Niekerson             of  Polk 

Watkins 

10 

Brockmeyer     Norton 


FOR  J.  D.  CRAFTON 

Roberts  Shields 


FOR  R.  C.  BLACKWELL 

Alexander 

Crews 

Gottschalk 

Letcher 

Pipkin 

Allen 

Dj'sart 

Hale 

McAfee 

Shanklin 

Bradfield 

Gantt 

Hammond 

McCabe 

Switzler       16 

Cottey 

FOR  H.  E.  MOORE 

Black 

Edwards 

Johnson 

Ray 

Taylor 

Boone 

of  Iron 

of  St.  Clair 

Rippey 

of  Jasper 

Chrisman 

Edwards 

Lackland 

Taylor 

Todd 

Crockett 

of  St.  Louis  Massey 

of  St.  Louis 

Wallace 

• 

Wagner        16 

ABSENT 

Adams 

Farris 

McKillop 

Maxey 

Priest             8 

Broadhead 

Hyer 

Mortell 

No  one  having  received  a  majority  of  all  the  votes 
cast,  the  Convention  then  proceeded  to  a  second  ballot 
with  the  following  result: 


FOR  C.  P.  ANDERSON 


Fyan 

Lay 

Mabrey 
FOR  J.  H. 

Ross 

of  Morgan 

GREEN 

Spaunhorst   5 

Broadhead 

Carleton 

Conway 

Crews 
Davis 
Dryden 

Eitzen 
McKee 
Mudd 

Niekerson 
Rider 

Ross 

of  Polk 
Watkins       13 

132 


JOURNAL  OF  THE  MISSOURI 


FOR  R.  C.  BLACKWELL 


Alexander 

Farris 

Halliburton      McAfee 

Rucker 

Allen 

Gantt 

Hammond        McCabe 

Shanklin 

Bradfield 

Gottschalk 

Holliday            Pipkin 

Switzler 

Cottey 

Hale 

Letcher              Priest 

Wallace       21 

Dysart 

22] 

FOR  H.  E.  MOORE 

Black 

Edwards 

Johnston           Norton 

Taylor 

Boone 

of  Iron 

of  NodawayPulitzer 

of  St.  Lous 

Brockmeyer 

Edwards 

Johnson             Ray 

Taylor 

Chrisman 

of  St.  Louis 

of  St.  Clair  Rippey 

of  Jasper 

Crockett 

Hardin 

Lackland           Roberts 

Todd 

Massey              Shields 

Wagner        22 

Adams 


Hyer 


ABSENT 
McKillop  Mortell 


Maxey 


No  one  having  received  a  majority  of  all  the  votes  cast, 
the  Convention  proceeded  ty  a  third  ballot  with  the  follow- 
ing result: 


FOR  R.  C.  BLACKWELL 

Alexander 

Davis                 Hale 

McCabe 

Shanklin 

Allen 

Dysart               Halliburton 

Mudd 

Shields 

Bradfield 

Farris                 Hammond 

Pipkin 

Switzler 

Conway 

Fyan                  Holliday 

Rider 

Wallace        28 

Cottey 

Gantt                 Letcher 

Ross 

Crews 

Gottschalk        McAfee 

of  Polk 

FOR  H.  E.  MOORE 

Black 

Edwards            Johnson 

Norton 

Spaunhorst 

Boone 

of  Iron              of  St.  Clair 

Priest 

Taylor 

Broadhead 

Edwards            Lackland 

Pulitzer 

of  Jasper 

Brockmeyer 

of  St.  Louis  Lay 

Ray 

Taylor 

Carleton 

Eitzen               Mabrey 

Rippey 

of  St.  Louis 

Chrisman 

Hardin               Massey 

Roberts 

Todd 

Crockett 

Johnston           McKee 

Ross 

Wagner        32 

Dryden 

of  NodawayNickerson 
ABSENT 

of  Morgan 

Adams 

Hyer                  McKillop 

Mortell 

Maxey           5 

Mr.  Adoore  having  received  a  majority  of  all  the  votes 
cast,  was  declared  duly  elected  doorkeeper  of  the  Conven- 
tion: 


CONSTITUTIONAL  CONVENTION,   1875        133 
Mr.  Brockmeyer  offered  the  following  resolution: 

Resolved,  That  a  committee  of  five  be  appointed  by  the  President 
to  prepare  and  report  rules  for  the  government  of  this  Convention 
and  that  until  the  committee  report,  the  rules  of  the  last  Convention 
govern  this  Convention  with  the  exception  of  the  appointment  of  com- 
mittees. 

which  was  read. 

Mr.  Conway  moved  to  amend  as  follows: 

Resolved,  That  the  Chair  appoint  a  committee  of  three  to  report 
rules  for  the  guidance  and  government  of  this  Convention  in  its  proceed- 
ings and  that  said  committee  report  tomorrow  morning  at  10  o'clock. 

which  was  read. 

23]     Mr.  Shields  offered  the  following  substitute: 

Resolved,  That  a  committee  of  five  be  appointed  by  the  President 
to  report  what  officers  and  assistants  other  than  the  officers  named  in 
Section  five  of  the  act  calling  this  Convention  are  necessary  for  the 
proper  transaction  of  business  and  to  report  rules  and  regulations  for 
the  government  of  the  deliberations  of  this  Convention. 

which  was  read  and  not  adopted. 

Mr.  Halliburton  moved  to  lay  the  amendment  on  the 
table,  which  was  not  agreed  to. 

The  amendment  was  rejected  and  the  resolution 
adopted. 

Mr.  Rider  offered  the  following  resolution: 

Resolved,  That  a  committee  of  five  be  appointed  to  consider  and 
report  to  the  Convention  what  other  officers  are  necessary  to  transact 
the  business  of  the  Convention  and  what  compensation  it  is  proper 
for  them  to  receive. 

which  was  read  and  adopted. 

Messrs.  Nolan  and  Adams  were  sworn  into  office  by 
Mr.  Burch,  notary  public  for  Cole  county. 

On  motion  the  Convention  adjourned  until  tomorrow 
morning,  9  o'clock. 


134  JOURNAL  OF  THE  MISSOURI 

THURSDAY,  MAY  6,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  Hon.  Waldo  P.  Johnson  in  the  chair. 

Prayer  by  the  Rev.  Mr.  Barrett. 

On  motion  of  Mr.  Brockmeyer  the  reading  of  the  jour- 
nal of  yesterday  was  dispensed  with. 

Messrs.  Hyer  and  Adams  came  forward  and  were  sworn 
in  as  members  of  the  Convention  by  Mr.  Burch,  notary 
public  for  Cole  county. 

Mr.  Norton  offered  the  following  resolution: 

Resolved,  1st,  That  a  committee  of  nine  be  appointed  which  shall 
be  the  "Committee  on  the  Executive  and  Ministerial  Departments," 
which  shall  report  what  changes  or  amendments  they  deem  necessary 
in  the  provisions  of  the  Constitution  of  the  State,  relating  to  the  execu- 
tive and  ministerial  officers  whose  duties  have  reference  to  the  State 
Government  at  large. 

24]  2nd,  That  a  committee  of  eleven  be  appointed  to  be  styled  the 
"Committee  on  the  Legislative  Department,"  which  shall  report  what 
changes  or  amendments  they  deem  necessary  in  that  part  of  the  Con- 
stitution of  the  State  which  relates  to  the  Legislative  Department. 

3rd.  That  a  committee  of  eleven  be  appointed  to  be  called  the 
"Committee  on  the  Judiciary,"  which  shall  report  what  changes  or 
amendments  are  necessary  in  that  part  of  the  Constitution  which  re- 
lates to  the  judiciary  and  judicial  proceedings. 

4th.  That  a  committee  of  seven  be  appointed  to  be  called  the 
"Committee  on  Preamble  and  Bill  of  Rights,"  which  shall  report  what 
changes  are  necessary  in  that  part  of  the  Constitution  included  in  the 
preamble  and  bill  of  rights. 

5th.  That  a  committee  of  seven  be  appointed  to  be  called  the 
"Committee  of  Electors  and  Elections,"  which  shall  report  what  changes 
or  amendments  are  necessary  in  that  part  of  the  Constitution  which 
has  reference  to  electors  and  elections. 

6th.  That  a  committee  of  seven  be  appointed  to  be  called  the 
"Committee  on  Military  Affairs,"  which  shall  report  what  changes  or 
amendments  are  necessary  in  that  part  of  the  Constitution  which  has 
reference  to  the  organization  of  the  militia. 

7th.  That  a  committee  of  seven  be  appointed  to  be  called  the 
"Committee   on   Banks   and   Corporations,"  which  shall  report    what 


CONSTITUTIONAL  CONVENTION,   1875        135 

changes  or  amendments  are  necessary  in  that  part  of  the  Constitution 
which  relates  to  banks  and  corporations. 

8th.  That  a  committee  of  seven  be  appointed  to  be  called  the 
"Committee  on  Miscellaneous  Affairs,"  which  shall  report  what  changes 
or  amendments  are  necessary  in  that  part  of  the  Constitution  relating 
to  miscellaneous  matters. 

9th.  That  a  committee  of  seven  be  appointed  to  be  called  the 
"Committee  on  the  Mode  of  Amending  the  Constitution,"  which  shall 
report  what  changes  or  amendments  are  necessary  in  that  part  of  the 
Constitution  relating  to  amending  the  Constitution. 

25]  10th.  That  a  committee  of  seven  be  appointed  to  be  the 
"Committee  on  Education,"  which  shall  report  what  changes  or  amend- 
ments are  necessary  in  that  part  of  the  Constitution  relating  to  education. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Rules. 

Mr.  Spaunhorst  offered  the  following  resolution: 

Resolved,  That  Oscar  Monning  furnish  each  member  and  officer 
with  two  daily  papers  at  a  cost  not. to  exceed  five  cents  per  copy,  each 
member  making  his  own  choice. 

which  was  read. 

Mr.  Conway  offered  the  following  amendment: 

Amend  by  striking  out  all  after  the  word  "Resolved"  and  insert  the 
following:  "That  John  Dilahay  be  and  is  hereby  appointed  news  agent 
whose  duty  it  shall  be  to  furnish  each  member  and  officer  during  this 
session  with  three  daily  papers  or  two  dailies  and  one  weekly,  at  a  cost 
not  to  exceed  five  cents  per  copy,  each  member  to  make  his  own  selec- 
tion." 

which  was  read. 

Mr.  Gantt  offered  the  following  amendment  to  Mr.  Con- 
way's amendment: 

Amend  by  adding  the  following:  Resolved,  That  no  part  of  the 
cost  of  these  papers  shall  be  paid  from  the  public  treasury  nor  shall 
any  member  be  compelled  to  pay  for  any  paper  not  ordered  by  him. 

which  was  read. 

Mr.  Taylor  of  Jasper  moved  to  lay  the  amendment 
on  the  table. 

The  ayes  and  noes  being  demanded  the  motion  to  table 
was  agreed  to  by  the  following  vote : 


136 


JOURNAL  OF  THE  MISSOURI 


26]  AYES 

Adams 

Dysart 

Johnston 

Maxey 

Ross 

Alexander 

Edwards 

of  Nodawa 

lyNickerson 

of  Polk 

Allen 

of  St.  Louis 

Johnson 

Pipkin 

Rueker 

Bradfield 

Eitzen 

of  St.  Clair  Priest 

Shanklin 

Broadhead 

Gantt 

Lackland 

Pulitzer 

Switzler 

Carleton 

Gottschalk 

Letcher 

Ray 

Taylor 

Chrisman 

Hale 

Mabrey 

Rider 

of  St.  Louis 

Cottey 

Halliburton 

Massey 

Rippey 

Taylor 

Crews 

Hammond 

McAfee 

Roberts 

of  Jasper 

Crockett 

Hardin 

McCabe 

Ross 

Todd 

Davis 

Holliday 

McKee 

of  Morgan 

Wallace 

Dryden 

Hyer 

M  or  tell 
NOBS 

Watkins       52 

Conway 

Edwards 
of  Iron 

Lay 
Mudd 

ABSENT 

Shields 

Spaunhorst    6 

Black 

Brockmeyer 

Fyan 

Norton 

Wagner           8 

Boone 

Farris 

McKiUop 

The  President  announced  in  compliance  with  the  resolu- 
tion adopted  yesterday,  the  following  committees: 

Committee  on  Rules. — Brockmeyer,  Edwards  of  St. 
Louis,  Fyan,  Wagner  and  Norton. 

Committee  on  Officers  of  the  Convention. — Rider, 
Massey,  Ross  of  Morgan,  Watkins  and  Priest. 

Mr.  Gottschalk  offered  the  following  resolution: 

Whereas,  It  has  been  currently  reported  and  publicly  asserted  that 
the  question  of  calling  a  Constitutional  Convention  was  at  the  election 
held  for  that  purpose  decided  in  the  negative  by  the  people  and  that 
such  will  appear  to  be  the  fact  by  an  inspection  of  amended  and  supple- 
mental returns  stated  to  be  in  the  Secretary  of  State's  office.  Now, 
therefore,  be  it  Resolved,  That  the  Secretary  of  State  be  herewith  direc- 
ted to  report  to  this  Convention  whether  or  not  any  amended  or  supple- 
mental returns  or  any  information  of  any  official  character  from  any 
county  in  reference  to  the  vote  given  for  or  against  the  calling  of  a  Consti- 
tutional Convention,  have  been  received  at  his  office  and  if  so  to  state 
the  nature  of  such  information  and  returns. 

which  was  read. 

27]  Mr.  Pulitzer  moved  to  lay  the  resolution  on  the 
table. 

The  ayes  and  noes  being  demanded,  the  motion  to  table 
was  agreed  to  by  the  following  vote: 


CONSTITUTIONAL  CONVENTION,   1875        137 


AYES 


Adams 

Davis 

Hyer 

Pulitzer 

Taylor 

Alexander 

Dryden 

Lackland 

Rider 

of  St.  Louis 

Allen 

Edwards 

Lay 

Roberts 

Taylor 

Bradfield 

of  Iron 

Massey 

Ross 

of  Jasper 

Carleton 

Farris 

McCabe 

of  Morgan 

Todd 

Chrisman 

Gantt 

McKee 

Ross 

Wallace 

Conway 

Hale 

Mortell 

of  Polk 

Watkins 

Cottey 

Halliburton 

Niekerson 

Rucker 

Mr.  President 

Crews 

Hardin 

Pipkin 

Shanklin 

43 

Crockett 

Plolliday 

Priest 

NOES 

Switzler 

Broadhead 

Hammond 

Letcher 

Maxey 

Shields 

Dysart 

Johnston 

Mabrey 

Ray 

Spaunhorst  14 

Eitzen 

of  Nodaway 

McAfee 

Rippey 

Gottsehalk 

ABSENT 

Black 

Edwards 

Fyan 

Mudd 

Wagner          9 

Boone 

of  St.  Louis 

McKillop 

Norton 

Brockmeyer 

Mr.  Conway  offered  the  following  resolution: 

Resolved,  That  a  Chaplain  be  elected  to  serve  this  Convention 
throughout  its  sittings. 

which  was  read. 

Mr.  Priest  offered  the  following  amendment: 

Amend  as  follows:  That  the  expenses  incurred  by  the  services  of 
any  Chaplain  elected  by  the  Convention  shall  be  paid  by  the  members 
thereof. 

which  was  read. 

Mr,  Mudd  moved  to  refer  the  resolution  and  amend- 
ment to  the  Committee  on  Officers. 

Mr.  Taylor  moved  to  lay  the  amendment  on  the  table, 
which  was  agreed  to. 

Mr.  Taylor  of  Jasper  offered  the  following  resolution: 

28]  Resolved,  That  the  daily  sessions  of  this  Convention  be  opened 
with  prayer  and  that  the  President  invite  a  clergyman  to  officiate  until 
a  Chaplain  shall  be  elected. 

which  was  read. 


138  JOURNAL  OF  THE  MISSOURI 

Mr.  Holliday  offered  the  following  amendment: 

Amend  by  striking  out  all  after  the  word  "Resolved,"  and  insert  the 
following:  "That  the  President  of  the  Convention  be  requested  to  invite 
the  resident  ministers  of  the  Gospel  belonging  to  the  different  religious 
denominations  in  Jefferson  City  to  officiate  in  rotation  as  Chaplain  of  this 
Convention." 

which  was  read. 

Mr.  Wallace  offered  the  following  amendment  to  the 
amendment: 

Amend  the  amendment  by  striking  out  all  after  the  word  "the"  in 
the  first  line  and  insert  the  following:  "Ministers  of  the  Gospel  resident 
in  the  city  of  Jefferson  and  pastors  of  churches  be  and  are  hereby  re- 
spectfully requested  to  open  the  morning  session  of  this  Convention 
daily  with  prayer,  in  such  order  as  may  be  arranged  by  themselves 
and  that  they  report  their  response  to  this  request  to  the  Convention 
through  the  Secretary  thereof  at  their  earliest  convenience." 

which  was  read. 

Mr.  Conway  rose  to  a  point  of  order  and  stated  that 
according  to  the  rules  when  a  member  is  addressing  the  Presi- 
dent no  member  or  person  should  pass  between  the  member 
speaking  and  the  President  or  hold  private  intercourse. 

The  President  declared  the  point  of  order  well  taken. 

On  motion  of  Mr.  Pulitzer  the  Convention  adjourned 
until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
29]  President  in  the  chair. 

The  Convention  resumed  the  consideration  of  the  resol- 
ution offered  by  Mr.  Taylor  of  Jasper. 

The  question  recurring  on  agreeing  to  the  amendment 
offered  by  Mr.  Wallace  to  the  amendment  of  Mr.  Holliday; 
the  ayes  and  noes  being  demanded  the  amendment  to  the 
amendment  was  agreed  to  by  the  following  vote: 


CONSTITUTIONAL  CONVENTION,   1875       139 


AYES 

Adams 

Edwards 

Hammond 

Nickerson 

Shanklin 

Alexander 

of  St.  Louis 

HoUiday 

Norton 

Shields 

Allen 

Fyan 

Lackland 

PuUtzer 

Spaunhorst 

Black 

Gantt 

Lay 

Ross 

Switzler 

Chrisman 

Hale 

Mortell 

of  Polk 

Todd 

Cottey 

Halliburton 

Mudd 

Rucker 

Wallace       29 

Davis 

NOES 

Boone 

Dryden 

Johnston 

McCabe 

Taylor 

Bradfield 

Dysart 

of  Nodaway  Ray 

of  Jasper 

Broadhead 

Brockmeyer 

Eitzen 

Letcher 

Rippey 

Wagner 

Carleton 

Farris 

Mabrey 

Roberts 

Mr.  President 

Conway 

Gottschalk 

Massey 

Taylor 

Crews 

Hardin 

McAfee 

of  St,  Louis 

28 

Crockett 

Hyer 

ABSENT 

Edwards 

McKee 

Mortell 

Priest 

Ross 

of  Iron 

McKillop 

Pipkin 

Rider 

of  Morgan 
Watkins        9 

The  question  recurring  on  agreeing  to  the  amendment 
offered  by  Mr.  HoUiday,  Mr.  Gantt  offered  the  following 
amendment  to  the  amendment: 

Amend  by  adding  the  following:  Provided,  that  no  claim  be  thereby 
created  on  the  part  of  any  minister  so  acting  to  be  paid  out  of  the  contin- 
gent fund  of  this  Convention  or  out  of  the  public  treasury. 

which  was  read. 

Mr.  Taylor  of  St.  Louis  moved  to  lay  the  whole  subject 
on  the  table. 

;    ;    The  ayes  and  noes  being  demanded,  the  motion  to  table 
was  not  agreed  to  by  the  following  vote: 

AYES 


Bradfield 

Gantt 

Johnston 

Maxey 

Spaunhorst 

Carleton 

Gottschalk 

of  Nodaway  Pipkin 

Taylor 

Eitzen 

Halliburton 

McAfee 

Ray 

of  St.  Lousl5 

Farris 

Hyer 

30]  NOES 

Adams 

Black 

Brockmeyer 

Cottey 

Davis 

Alexander 

BoOne 

Chrisman 

Crews 

Dryden 

Allen 

Broadhead 

Conway 

Crockett 

Dysart 

140 


JOURNAL  OF  THE  MISSOURI 


Edwards 

Hardin 

Mudd 

Ross 

Taylor 

of  Iron 

Holliday 

Nickerson 

of  Polk 

of  Jasper 

Edwards 

Lackland 

Norton 

Rucker 

Todd 

of  St.  Louis 

Lay 

Pulitzer 

Shanklin 

Wallace 

Fyan 

Letcher 

Rippey 

Shields 

Wagner 

Hale 

Mabrey 

Roberts 

Switzler 

Mr.  President 

Hammond 

McKee 

ABSENT 

43 

McCabe 

Massey 

Priest 

Ross 

Watkins         8 

Mortell 

McKillop 

Rider 

of  Morgan 

Mr.  McAfee  moved  to  postpone  tbe  further  considera- 
tion of  the  subject  to  allow  the  Committee  on  Rules  to 
Report,  which  was  agreed  to. 

Mr.  Brockmeyer  from  the  Committee  on  Rules  sub- 
mitted the  following  report: 

Mr.  President: 

Your  Committee  on  Rules  to  which  was  referred  the  resolution  in 
relation  to  the  appointment  of  standing  committees,  begs  leave  to  report 
that  it  has  considered  the  same  and  recommends  that  the  accom- 
panying substitute  be  adopted. 

which  was  read. 

The  following  substitute  was  recommended  by  the  Com- 
mittee on  Rules  for  the  resolution  relating  to  the  standing 
committees  of  the  Convention: 

Resolved,  That  the  following  committees  be  appointed  by  the  Presi- 
dent of  this  Convention  whose  duty  it  shall  be  to  take  into  consideration 
and  report  what  changes  or  amendments  are  necessary  in  those  parts 
of  the  Constitution  which  relate  to  the  respective  department  and  sub- 
jects indicated  by  the  title  of  these  committees  and  such  matters  as  may 
be  referred  to  them  by  the  Convention: 

1st.  A  committee  of  nine  on  the  Executive  and  Ministerial  De- 
partment of  the  State  Government. 

31]  2nd.  A  committee  of  seven  on  the  Executive  and  Ministerial 
offices  of  County  and  Municipal  Governments. 

3rd.     A  committee  of  thirteen  on  the  Legislative  Department. 

4th.     A  committee  of  eleven  on  the  Judicial  Department. 

5th.     A  committee  of  seven  on  the  subjects  of  Election  and  Electors. 

6th.  A  committee  of  seven  on  the  Boundaries  and  Political  Sub- 
divisions of  the  State. 

7th.     A  committee  of  seven  on  the  subject  of  Revenue  and  Taxation. 

8th.  A  committee  of  thirteen  consisting  of  one  member  from  each 
Congressional  district  on  Representation  and  Representative  and  Sen- 
atorial Districts. 


CONSTITUTIONAL  CONVENTION,   1875        141 

9th.  A  committee  of  seven  on  the  Military  Affairs  and  the  Organi- 
zation of  the  Militia  of  the  State. 

10th.     A  committee  of  seven  on  Banks  and  Corporations. 

11th.     A  committee  of  seven  on  the  subject  of  Education. 

12th.  A  committee  of  seven  on  the  subject  of  Future  Mode  and 
Manner  of  Amending  the  Constitution. 

13th.  A  committee  of  seven  on  the  Preamble  to  the  Constitution 
and  the  Bill  of  Rights. 

And  be  it  further  resolved  that  a  committee  of  five  be  appointed  to 
be  known  as  the  "Committee  on  Accounts,"  whose  duty  it  shall  be  to 
examine  and  audit  the  accounts  of  the  members,  officers  and  employes 
of  this  Convention,  together  with  such  incidental  liabilities  as  may  be 
incurred  by  order  of  this  Convention,  to  keep  in  a  book  a  correct  state- 
ment thereof,  and  shall  take  the  necessary  steps  to  prevent  the  allow- 
ance of  all  improper  and  unjust  claims. 

which  was  read. 

Mr.  Shanklin  offered  the  following  amendment  to  the 
substitute: 

Amend  by  striking  out  the  figure  "11"  in  designating  the  number 
of  the  Committee  on  the  Judicial  Department  be  stricken  out  and  "13" 
in  lieu  thereof. 

which  was  read  and  agreed  to. 

Mr.  Gantt  offered  the  following  amendment  to  the  sub- 
stitute: 

32]  Amend  by  striking  out  the  title  of  the  Committee  on  Military 
Affairs  and  the  organization  of  the  Militia  of  the  State,  and  to  insert  in 
lieu  thereof  "a  Committee  on  the  Appointment  of  the  Officers  of  the 
Militia  of  the  State  and  the  Training  of  the  Militia  According  to  the 
Discipline  prescribed  by  Congress." 

which  was  read  and  not  agreed  to. 

The  substitute  recomm.ended  by  the   Committee   as 
amended  was  agreed  to. 

The  question  recurring  on  agreeing  to  the  resolution 
as  amended,  Mr.  Hale  offered  the  following  substitute: 

Amend  by  striking  out  all  after  the  word  "Resolved"  and  insert 
the  following:  "That  as  soon  as  this  Convention  is  permanently  organ- 
ized by  the  election  or  appointment  of  such  officers  as  may  be  au- 
thorized, it  proceed  at  once  in  Committee  of  the  Whole  to  revise  and 
amend  the  present  Constitution  of  this  State  by  considering,  amending 
or  adopting  each  section,  commencing  with  the  Preamble  or  Bill  of  Rights 
or  by  adding  new  sections  as  may  be  determined,  and  that  when  any 


142  JOURNAL  OF  THE  MISSOURI 

general  revision  of  said  Constitution  shall  have  been  acted  on  and  agreed 
to  in  committee  that  It  be  reported  to  the  Convention  for  its  action." 

which  was  read  and  not  agreed  to. 

The  resolution  as  amended  was  adopted. 

Mr.  Spaunhorst  offered  the  following  resolution: 

Resolved,  That  the  reverend  clergymen  of  this  city  are  welcome  to 
this  Hall  of  the  Convention  to  open  the  morning  sessions  with  prayer, 
and  that  the  secretary  of  this  Convention  give  notice  through  the  morn- 
ing papers  of  the  adoption  of  this  resolution. 

33]  which  was  read  and  referred  to  Committee  on  Officers. 
Mr.  Broadhead  laid  the  following  communication  be- 
fore the  Convention: 

Gentlemen  of  the  Convention: 

We  propose  to  make  a  verbatim  report  of  the  proceedings  of  the 
Convention  on  the  following  terms:  For  taking  the  shorthand  notes  of 
the  proceedings,  ten  dollars  per  day.  For  transcribing  the  shorthand 
notes  and  preparing  the  same  for  publication,  twenty  cents  per  one 
hundred  words,  or  thirty  cents  per  legalcap  page,  a  full  report  of  each 
day's  proceedings  will  average  about  two  hundred  legalcap  pages. 
Estimating  the  session  at  fifty  days,  this  would  make  ten  thousand  legal- 
cap  pages  so  that  the  cost  of  the  transcript  would  not  be  far  from  $3,000. 
Should  it  be  deemed  advisable  we  can  defer  writing  out  the  shorthand 
notes  except  such  portions  as  may  be  important  for  immediate  publica- 
tion in  the  newspapers,  until  the  Constitution  shall  have  been  submitted 
to  a  vote  of  the  people.  In  case  of  its  adoption  we  can  then  transcribe 
the  notes  in  full  for  publication  in  book  form,  should  such  action  be 
considered  desirable:  the  expense  of  reporting  would  be  but  ten  dollars 
per  day  provided  the  notes  were  not  written  out  for  publication. 
Respectfully, 

Walbridge,  Holland  &  Brown, 

Shorthand  Reporters. 

which  was  read  and  on  motion  referred  to  a  special  commit- 
tee of  five  to  be  appointed  by  the  President. 

Mr.  Mudd  offered  the  following  resolution: 

Whereas,  By  act  of  the  General  Assembly  approved  March  29,  1875, 
the  Fund  Commissioners  by  and  with  the  advice  and  consent  of  the 
Governor,  and  for  the  purpose  of  meeting  the  indebtedness  of  the  State 
maturing  during  the  years  1875,  1876  and  1877  are  authorized  to  self 
bonds  of  the  State  not  exceeding  in  the  aggregate  the  sum  of  five  mil- 
lion dollars. 

Therefore,  Be  it  resolved  by  the  people  of  the  State  of  Missouri  in 
Convention  assembled  that  the  tax  known  as  the  State  interest  tax  as 
provided  by  ordinance  of  the  State  Convention  adopted  April  8,  1865, 


CONSTITUTIONAL  CONVENTION,   1875       143 

34]  or  some  similar  tax  equal  to  that  purpose  shall  be  levied  and  col- 
lected and  shall  be  applied  to  the  payment  of  the  bonded  debt  of  the 
State  including  that  authorized  by  said  act  of  the  General  Assembly 
until  the  bonded  debt  of  the  State,  principal  and  interest,  shall  be  fully 
provided  for. 

which  was  read  and  motion  referred  to  the  Committee  on 
Revenue  and  Taxation. 

On   motion   of   Mr.   Halliburton   the    Convention   ad- 
journed until  tomorrow,  9  o'clock  a.  m. 


FRIDAY,  MAY  7,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  the  Rev.  Mr.  Wood. 
The  Journal   of  Wednesday,   May  5th,   was   read   and 
approved. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Brockmeyer  offered  the  following  resolution: 

A  resolution  to  invite  his  Excellency,  the  Governor,  to  a  seat  upon 
the  floor 

Be  it  resolved  by  the  Convention: 

1.  That  his  Excellency,  the  Governor  of  the  State  of  Missouri,  be 
and  he  is  hereby  most  respectfully  invited  to  a  seat  upon  the  floor  during 
the  session  of  this  Convention. 

2.  That  the  Secretary  is  hereby  instructed  to  transmit  a  copy  of 
this  resolution  to  his  Excellency,  Charles  H.  Hardin,  Governor  of  the 
State  of  Missouri. 

which  was  read  and  adopted, 

Mr.  Rider  from  the  special  committee  appointed  to  con- 
sider what  other  ofTicers  are  necessary  to  transact  the  busi- 
35]  ness  of  the  Convention  and  what  compensation  it  is 
proper  for  them  to  receive,  submitted  the  following  report: 

Mr.  President: 

Your  Committee  appointed  to  report  to  the  Convention  what  other 
officers  are  necessary  for  the  transaction  of  the  business  of  the  Conven- 
tion and  the  salaries  they  shall  receive  beg  leave  to  report  the  following: 
That  in  our  opinion  no  further  officers  for  the  Convention  are  necessary 


144  JOURNAL  OF  THE  MISSOURI 

except  one  second  assistant  secretary  who  shall  receive  for  his  services 
five  dollars  per  day,  and  two  pages  who  shall  receive  two  dollars  and 
fifty  cents  each  per  day,  who  shall  be  appointed  by  the  President  of 
this  Convention. 

All  of  which  is  respectfully  submitted, 

J.  H.  Rider,  Chairman. 

Mr.  Dryden  offered  the  following  amendment: 

Amend  by  striking  out  all  after  the  word  "Resolved"  and  insert  in 
lieu  thereof  the  following:  "That  the  Secretary  of  the  Convention  be 
authorized  to  appoint  the  following  assistants  to  aid  him  in  the  trans- 
action of  the  business  of  this  Convention  in  a  proper  and  expeditious 
manner:  One  minute  clerk,  two  journal  clerks,  two  copy  and  resolu- 
tion clerks,  one  postmaster,  four  pages,  one  of  whom  shall  act  as  messen- 
ger. No  clerk  or  employe  shall  be  placed  on  duty  until  the  business 
of  the  Convention  demands  his  actual  labor  and  he  shall  receive  pay 
only  for  the  time  actually  employed." 

which  was  read. 

Mr.  Halliburton  moved  to  reject  the  amendment  of- 
fered by  Mr.  Dryden, 

Mr.  McCabe  moved  to  lay  the  amendment  offered  by 
Mr.  Dryden  on  the  table,  which  was  not  agreed  to. 

Mr.  Pulitzer  offered  the  following  amendment: 

38]*  Amend  by  inserting  after  the  word  "appoint,"  the  words 
"subject  to  the  consent  and  approval  of  the  President," 

which  was  read. 

Mr.  Switzler  offered  the  following  amendment  to  the 
amendment: 

Amend  by  inserting  after  the  word  "labor"  the  following:  "which 
question  shall  be  decided  by  the  President," 

which  was  read  and  agreed  to. 

Mr.  Todd  offered  the  following  amendment  to  the 
amendment: 

Amend  by  adding  to  the  amendment  "and  that  the  compensation 
for  the  services  of  the  respective  officers  and  assistants  appointed  or 
engaged  by  this  Convention  shall  not  be  increased  or  added  to  in  the 
name  of  extra  work  or  for  any  other  cause,  beyond  what  is  provided  for 
at  the  time  of  their  respective  appointments  or  engagements," 

which  was  read  and  agreed  to. 

The  amendment  as  amended  was  agreed  to. 


♦Pages  36  and  37  of  the  Journal  are  blank. 


CONSTITUTIONAL  CONVENTION,   1S75        145 


Mr.   Mudd   offered  the   following  amendment  to   the 
amendment: 

Amend   by  inserting  after  the  word  "postmaster"  the  words  "one 
folder." 

which  was  read  and  not  agreed  to. 

Mr.  Edwards  of  St.  Louis  offered  the  following  amend- 
ment to  the  amendment: 

Amend  by  striking  out  the  word  "Secretary"  and  inserting  the  word 
"President  shall  appoint." 

which  was  read  and  agreed  to. 

Mr.   Spaunhorst  offered  the  following  amendment  to 
the  amendment: 

Amend  by  striking  out  all  of  the  amendment  after  the  word  "Re- 
solved." 

39]     The  ayes  and  noes  being  demanded,  the  amend- 
ment was  agreed  to  by  the  following  vote: 

AYES 


Alexander 

Edwards 

Holliday 

McKee 

Ross 

Black 

of  St.  Louis 

Hyer 

Maxey 

of  Morgan 

Bradfield 

Eitzen 

Johnston 

Nickerson 

Shanklin 

Broadhead 

Farris 

of  NodawayNorton 

Spaunhorst 

Carleton 

Fyau 

Lackland 

Pipkin 

Taylor 

Chrisman 

Gantt 

Lay 

Priest 

of  St.  Louis 

Cottey 

Gottschalk 

Letcher 

Ray 

Wallace 

Crockett 

Hale 

Massey 

Rippey 

Wagner 

Davis 

Halliburton 

McAfee 

Roberts 

Watkins 

Dysart 

Hammond 

McCabe 
NOES 

Mr.  President  45 

Adams 

Dryden 

Mudd 

Ross 

Taylor 

Allen 

Hardin 

Pulitzer 

of  Polk 

of  Jasper 

Boone 

Mabrey 

Rider 

Rucker 

Todd             15 

Conway 

ABSENT 

Switzler 

Brockmeyer 

Edwards 
of  Iron 

McKillop 
SICK 

3 

Crews 

Mortell 

Shields 

3 

146 


JOURNAL  OF  THE  MISSOURI 


Mr.  Hardin  offered  the  following  amendment: 

Amend  by  inserting  after  the  word  "Resolved,"  "That  the  Secre- 
tary of  this  Convention  is  hereby  authorized  to  appoint  such  assistant 
clerks  not  exceeding  seven  in  number  as  he  may  deem  absolutely  neces- 
sary to  transact  well  the  business  of  his  department  and  he  shall  also 
appoint  three  pages  and  one  postmaster,  such  appointees  to  be  approved 
by  the  President." 

which  was  read. 

The  ayes  and  noes  being  demanded,  the  amendment 
was  not  agreed  to  by  the  following  vote: 


AYES 

Adams 

Bradfield 

Dryden 

Mabrey 

Pulitzer 

Alexander 

Conway 

Hardin 

McKee 

Taylor 

Allen 

Crockett 

Lay 

Mudd 

of  Jasper  15 

Boone 

40] 

NOES 

Black 

Edwards 

Johnston 

Priest 

Spaunhorst 

Broadhead 

of  St.  Louis 

of  NodawayRay 

Switzler 

Brockmeyer 

Eitzen 

Lackland 

Rider 

Taylor 

Carleton 

Farris 

Letcher 

Rippey 

of  St.  Louis 

Chrismau 

Fyan 

Massey 

Roberts 

Todd 

Cottey 

Gantt 

McAfee 

Ross 

Wallace 

Davis 

Gottschalk 

McCabe 

of  Morgan 

Wagner 

Dysart 

Hale 

Maxey 

Ross 

Watkins 

Edwards 

Halliburton 

Nickerson 

of  Polk 

Mr.  President 

of  Iron 

Hammond 

Norton 

Rueker 

46 

Hyer 

Pipkin 
ABSENT 

Shanklin 

HoUiday 

McKillop 

SICK 

2 

Crews 

Mortell 

Shields 

3 

Mr.  Taylor  of  St.  Louis  offered  the  following  amend- 
ment to  the  amendment: 

Amend  by  striking  out  all  after  the  word  "Resolved"  and  insert  in 
lieu  thereof  the  following:  "That  the  following  additional  officers  be 
elected  by  the  viva  voce  vote  of  the  Convention  upon  the  call  of  the  roll: 
one  second  assistant  secretary,  one  messenger,  four  pages,  one  post- 
master, one  folder,  whose  respective  compensation  shall  be  as  follows: 
Assistant  secretary,  $5.00  per  day;  one  messenger,  S3. 00  per  day;  four 
pages,  $2.50  per  day  each;  one  postmaster,  $3.00  per  day;  one  folder, 
$3.00  per  day." 

which  was  read. 


CONSTITUTIONAL  CONVENTION,   1875       147 


The  ayes  and  noes  being  demanded,  the  amendment 
to  the  amendment  was  not  agreed  to  by  the  following  vote: 


AYES 


Broadhead 

Edwards 

McCabe 

Ray 

Taylor 

Carleton 

of  St.  Louis  McKee 

Rucker 

of  St.  Louis 

Cottey 

Eitzen 

Mudd 

Shanklin 

Wagner        17 

Edwards 

Mabrey 

Pipkin 

Spaunhorst 

of  Iron 

NOES 

Adams 

Dryden 

Hyer 

Nickerson 

Ross 

Alexander 

Dysart 

Johnston 

Norton 

of  Polk 

Black 

Farris 

of  NodawayPriest 

Switzler 

Boone 

Fyan 

Lackland 

Pulitzer 

Taylor 

Bradfield 

Gantt 

Lay 

Rider 

of  Jasper 

Brockmeyer 

Gottschalk 

Letcher 

Rippey 

Todd 

Chrisman 

Hale 

Massey 

Roberts 

Wallace 

Conway 

Halliburton 

McAfee 

Ross 

Watkins 

Crockett 

Hammond 

Maxey 

of  Morgan 

Mr.  President 

Davis 

Hardin 

41]  ABSENT 

44 

Holliday 

McKillop 

2 

SICK 


Crews 


Mortell 


Shields 


The  question  recurring  on  the  adoption  of  the  report 
of  the  committee  as  amended,  the  report  was  adopted  by  the 
following  vote: 

AYES 


Alexander 

Eitzen 

Letcher 

Pipkin 

Taylor 

Broadhead 

Farris 

Massey 

Priest 

of  St.  Lous 

Brockmeyer 

Fyan 

McAfee 

Rider 

Todd 

Carleton 

Gantt 

McCabe 

Roberts 

Wagner 

Cottey 

Halliburton 

McKee 

Ross 

Watkins 

Davis 

Hammond 

Maxey 

of  Morgan 

Mr.  President 

Edwards 

Hyer 

Nickerson 

Spaunhorst 

34 

of  St.  Louis 

Johnston 

Norton 
NOES 

Adams 

Conway 

Gottschalk 

Mudd 

Shanklin 

AUen 

Crockett 

Hale 

Pulitzer 

Switzler 

Black 

Dryden 

Hardin 

Ray 

Taylor 

Boone 

Dysart 

Lackland 

Ross 

of  Jasper 

Bradfield 

Edwards 

Lay 

of  Polk 

Wallace       26 

Chrisman 

of  Iron 

Mabrey 

Rucker 

148  JOURNAL  OF  THE  MISSOURI 

ABSENT 
Holliday  McKillop  Rippey  3 

SICK 
Crews  Mortell  Shields  3 

On  motion  of  Mr.  Pulitzer  the  Convention  adjourned 
until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  Mr. 
President  in  the  chair. 

The  President  announced  the  following  Special  Com- 
mittee on  Report  of  Proceedings  of  Convention  by  short- 
hand reporter:  Broadhead,  Switzler,  Chrisman,  Alex- 
ander, McAfee. 

Also  the  following  standing  committees  of  the  con- 
vention: 

Committee  on  Executive  and  Ministerial  Departments 
of  the  State  Government:  E.  McCabe,  A.  Todd,  J.  H. 
Taylor  of  Jasper,  J.  C.  Roberts,  L.  F.  Cottey,  G.  W.  Brad- 
field,  E.  V.  Conway,  J.  H.  Maxey,  A.  V,  McKee. 

42]  Committee  on  Executive  and  Ministerial  Officers 
of  the  County  and  Municipal  Government — T.  W.  B. 
Crews,  John  Ray,  J.  H.  Rider,  J.  P.  Ross,  N.  C.  Hardin, 
N.  Mortell,  M.  McKillop. 

Committee  on  Judicial  Department — W.  Adams,  Wm. 
Chrisman,  C.  B.  McAfee,  L.  H.  Davies,  H.  C.  Lackland, 
J.  0.  Broadhead,  A.  McCabe,  L.  Gottschalk,  T.  J.  Johnston, 
J.  L.  Farris,  C.  Hammond,  A.  R.  Taylor,  R.  Dysart. 

Committee  on  Boundaries  and  Political  Subdivisions 
of  the  State — F.  M.  Black,  J.  C.  Roberts,  H.  J.  Spaunhorst, 
Jos.  Pulitzer,  J.  H.   Shanklin,  S.  R.  Crockett,  J.  F.  Rucker. 

Committee  on  Representation,  Representative  and 
Senatorial  Districts — E.  H.  Norton,  J.  O.  Broadhead, 
Albert  Todd,  II.  J.  Spaunhorst,  N.  W.  Watkins,  G.  W. 
Bradfield,  R.  W.  Fyan,  A.  M.  Lay,  H.  Boone,  W.  Halli- 
burton, H.  C.  Wallace,  Levi  J.  Wagner,  Wm.  Priest. 


CONSTITUTIONAL  CONVENTION,   1875        149 

Committee  on  Organization  of  Militia  of  State — C.  B. 
McAfee,  J.  P.  Ross,  J.  H.  Shanklin,  S.  R.  Crockett,  H. 
Boone,  T.  J.  Johnston,  J.  Hyer. 

Committee  on  Printing  and  Binding — E,  H.  Norton, 
B.  R.  Dysart,  C.  D.  Eitzen,  H.  C.  Lackland,  J.  F.  T.  Ed- 
wards. 

Committee  on  Preamble  to  the  Constitution  and  Bill 
of  Rights— T.  T.  Gantt,  E.  V.  Conway,  L.  F.  Cottey,  C.  D. 
Eitzen,  J.  H.  Maxey,  W.  Halliburton,  J.  L.  Farris. 

43]  Committee  on  Accounts — C.  Hammond,  J.  W. 
Ross,  L.  J.  Dryden,  J.  F.  T.  Edwards,  J.  H.  Rider. 

Committee  on  Revenue  and  Taxation — Wm.  H. 
Letcher,  H.  T.  Mudd,  B.  F.  Massey,  L.  J.  Dryden,  A.  M. 
Alexander,  E.  A.  Nickerson,  R.  W.  Fyan. 

Committee  on  Subject  of  Taxation  and  Manner  of 
Amending  Constitution*— J.  B.  Hale,  T.  W.  B.  Crews,  N.  C. 
Hardin,  P.  Mabrey,  J.  R.  Rippey,  P.  Pipkin,  J.  Ray. 

Committee  on  the  Legislative  Department — H.  C. 
Brockmeyer,  T.  T.  Gantt,  L.  Gottschalk,  E.  A.  Nickerson, 
A.  M.  Lay,  G.  W.  Carleton,  J.  Hyer,  J.  A.  Holliday,  J.  W. 
Ross,  D.  C.  Allen,  P.  Pipkin,  J.  H.  Shanklin,  J.  R.  Rippey. 

Committee  on  Elections  and  Electors — A.  M.  Alex- 
ander, M.  McKillop,  J.  H.  Rider,  A.  R.  Taylor,  J.  F.  T. 
Edwards,  A.  V.  McKee,  J.  F.  Rucker. 

Committee  on  Banks  and  Corporations. — J.  C.  Ed- 
wards, J.  P.  Ross,  B.  F.  Massey,  Wm.  Priest,  J.  B.  Hale, 
J.  A.  HoUiday,  G.  W.  Carleton. 

Committee  on  Education — Wm.  F.  Switzler,  Jos. 
Pulitzer,  G.  H.  Shields,  G'  W.  Carleton,  A.  V.  McKee, 
D.  C.  Allen,  W.  H.  Letcher. 

Mr.  Norton  offered  the  following  resolution: 

44]     Resolved,  That  the  President  appoint  a  Committee  on  Printing 
and  Binding. 

which  was  read  and  adopted. 


*The  copyist  obviously  is  mistaken  in  the  name  of  the  committee. 
Hereafter  the  committee  will  be  referred  to  as  the  Committee  on  Manner 
of  Amending  Constitution. 


150  JOURNAL  OF  THE  MISSOURI 

Mr.  Switzler  oiTered  the  following: 

Resolved,  That  the  Committee  on  the  Executive  and  Ministerial 
Departments  of  the  State  Government  inquire  into  the  expediency  of 
so  amending  the  Constitution  as  to  provide: 

1.  That  the  Governor,  Lieutenant-Governor,  Secretary  of  State, 
Auditor  of  Public  Accounts,  Treasurer,  Register  of  Lands,  Superin- 
tendent of  Public  Instruction,  and  Attorney-General  hold  their  offices 
for  the  term  of  four  years. 

2.  That  no  person  elected  and  qualified  as  Governor,  Lieutenant- 
Governor,  Auditor,  Secretary  of  State  or  Attorney-General,  shall  be 
eligible  to  hold  said  offices  more  than  four  years  in  any  period  of  eight 
years,  nor  shall  any  person  holding  either  of  said  offices  be  eligible  to 
anj^  other  office  during  the   period  for  which  he  shall  have  been  elected. 

3.  That  the  Governor  on  extraordinary  occasions  may  convene 
the  General  Assembly  by  proclamation  stating  therein  the  purpose  for 
which  they  are  convened;  and  the  General  Assembly  shall  enter  upon  no 
business  except  that  for  which  they  are  called  together  as  specified  in 
said  proclamation. 

4.  That  in  case  of  disagreement  between  the  two  houses  of  the 
General  Assembly  with  respect  to  the  time  of  adjournment,  the  Gover- 
nor may  on  the  same  being  certified  to  him  by  the  house  first  moving 
the  adjournment,  adjourn  the  General  Assembly  sine  die. 

5.  That  it  shall  be  the  duty  of  the  Treasurer  to  account  for  and 
pay  into  the  State  Treasurer  all  moneys  received  by  him  as  interest, 
premium  or  hire,  in  any  form  whatsoever,  on  deposit  of  the  revenue  of  the 
State  or  any  portion  thereof  in  any  bank,  insurance  or  other  corporation 
or  by  any  individual  or  association  of  individuals. 

6.  If  the  office  of  either  Secretary  of  State,  Auditor,  Treasurer  or 
Attorney-General  shall  become  vacant  by  reason  of  death,  resignation 
or  otherwise  during  the  period  for  which  he  was  elected  or  appointed, 
it  shall  be  the  duty  of  the  Governor  to  appoint  another  who  shall  hold 
his  office  during  the  unexpired  term  of  the  officer  whose  vacancy  he  is 
appointed  to  fill. 

45]  which  was  read  and  on  motion  of  Mr.  Spaunhorst 
referred  to  the  Committee  on  the  Executive  and  Ministerial 
Departments  of  the  State  Government. 

Mr.  Todd  offered  the  following  resolution: 

Resolved,  That  the  Secretary  of  State  be  requested  to  furnish  to 
each  member  of  the  Convention  for  his  use  as  such  member,  a  copy  of  the 
last  edition  of  the  Wagner  Statutes  of  this  State,  if  the  State  have  them 
to  spare  for  such  use,  the  same  to  be  returned  to  the  Secretary  when  the 
Convention  adjourns. 

which  was  read  and  adopted. 

Mr.  Adams  submitted  a  draft  of    a    new    constitution. 


CONSTITUTIONAL  CONVENTION,   1875       151 

On  motion  of  Mr.  Spaunhorst  the  rules  were  suspended 
and  the  further  reading  dispensed  with. 

Mr.  Shanklin  offered  the  following  resolution: 

Resolved,  That  the  draft  of  a  revised  constitution  submitted  by  the 
gentleman  from  Cooper  be  laid  on  the  table  and  that  two  hundred  copies 
be  printed  for  the  use  of  the  members  of  the  Convention  and  for  con- 
venient reference  to  appropriate  committees. 

which  was  read. 

Mr.  Norton  offered  the  following  amendment: 

Amend  by  striking  out  "That  the  revised  Constitution  be  laid  on 
the  table"  and  insert  "That  the  revised  Constitution  be  referred  to  the 
appropriate  committees  as  soon  as  announced." 

which  was  read  and  agreed  to. 

The  ayes  and  noes  being  demanded  the  resolution  as 
amended  was  agreed  to  by  the  following  vote: 


46] 

AYES 

Alexander 

Dryden 

Hammond 

McCabe 

Ross 

Allen 

Dysart 

Hardin 

Nickerson 

of  Morgan 

Carleton 

Edwards 

Holliday 

Norton 

Rucker 

Chrisman 

of  Iron 

Johnston 

Priest 

Shanklin 

Conway 

Edwards 

Lackland 

Pulitzer 

Switzler 

Cottey 

of  St.  Louis 

Lay 

Ray 

Taylor 

Crockett 

Farris 

Mabrey 

Rippey 

of  Jasper 

Davis 

Hale 

McKee 
NOES 

Todd 
Wallace        36 

Black 

Gantt 

McAfee 

Ross 

Wagner 

Boone 

Gottschalk 

Maxey 

of  Polk 

Watkins 

Bradfield 

Halliburton 

Mudd 

Spaunhorst 

Mr.  President 

Broadhead 

Hyer 

Pipkin 

Taylor 

24 

Eitzen 

Letcher 

Rider 

of  St.  Louis 

Fyan 

Massey 

Roberts 
ABSENT 

McKillop 

SICK 

1 

Crews 

Mortell 

Shields 
EXCUSED 

3 

Adams 

Brockmeyer 

2 

152  JOURNAL  OF  THE  MISSOURI 

Mr,  Halliburton  offered  the  following  resolution: 

Resolved,  That  the  Secretary  of  State  be  and  he  is  hereby  requested 
to  furnish  each  member  of  this  Convention  with  a  copy  of  the  Revised 
Code  of  the  State  of  Missouri  of  1855,  containing  the  Constitution  of 
1820  with  the  amendments  thereto,  if  the  same  are  to  be  had,  for  the 
use  of  the  members  while  sitting  in  this  Convention,  the  same  to  be  re- 
turned when  the  Convention  adjourns. 

which  was  read  and  adopted. 

Mr.  Spaunhorst  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Printing  and  Binding  ascertain 
the  cost  of  work  to  be  done  and  that  no  matter  be  let  or  sent  for  printing 
from  this  Convention  until  said  Committee  report. 

which  was  read  and  adopted. 

Mr.  Taylor  of  St.  Louis  offered  the  following  resolution: 

47]  Resolved,  That  a  standing  committee  of  five  be  appointed  by 
the  President  whose  duty  it  shall  be  to  revise  any  article  or  amendment 
of  the  Constitution  after  it  is  adopted  by  the  Convention  and  report  the 
same  to  the  Convention  on  the  next  day  or  as  soon  thereafter  as  practi- 
cable. 

which  was  read. 

Mr.  Brockmeyer  offered  the  following  amendment: 

Amend  by  striking  out  the  word  "five"  where  it  occurs  and  insert 
"eleven." 

which  was  read  and  agreed  to. 

The  resolution  as  amended  was  adopted. 
Mr.  Letcher  offered  the  following  resolution: 

Resolved,   That   the   Constitution   be   so   amended   as   to   provide: 

1.  That  the  State  shall  not  assume  or  in  any  manner  become  bound 
for  the  contracts  or  liabilities  of  any  county,  city,  town  or  other  muni- 
cipal corporation. 

2.  That  neither  the  state  nor  any  county,  city,  town  or  other 
municipal  corporation  shall  issue  any  bond  or  other  obligation  of  indebt- 
edness except  for  the  purpose  of  renewing  or  paying  such  bonds  or  obli- 
gations as  may  be  outstanding. 

3.  That  taxation  by  the  State  shall  be  limited  to per  cent, 

bj^  counties  to per  cent,  by  cities,  towns  and  other    municipal 

corporations  to per  cent  annually  of  the  assessed  value  of  prop- 
erty. Special  assessments  shall  not  be  unreasonable  or  assessive*  and 
when  the  valuation  or    assessment  for  any  of  the  foregoing  purposes 


''This  is  clearly  an  error  and  should  be  "excessive." 


CONSTITUTIONAL  CONVENTION,   1875        153 

is  deemed  by  the  property  holders  to  be  too  high,  he  shall  be  entitled 
to  a  jury  of  six  persons  who  shall  summarily  hear  and  determine  the  same. 

4.  That  the  appropriations  made  by  the  General  Assembly  or  by 
the  authorities  of  any  county,  city,  town  or  other  municipal  corporation 
for  any  one  year  shall  not  exceed  the  amount  of  revenue  collected  and 
paid  in  for  the  next  preceding  year. 

5.  That  no  county  now  existing  by  law  shall  be  reduced  by  change 
of  limits  or  by  the  establishment  of  new  counties  to  less  than  twenty 
miles  square. 

which  was  read  and  on  motion  referred  to  the  following 
committees:  First,  second  and  fourth  clauses  referred  to 
Committee  on  Legislative  Department,  third  clause  to  the 
Committee  on  Revenue  and  Taxation,  and  fifth  clause  to 
48]  the  Committee  on  Boundaries  and  Political  Subdi- 
visions of  the  State. 

Mr.  Todd  by  consent  of  the  Convention  presented  the 
following  communication  from  the  Woman's  Suffrage  As- 
sociation of  Missouri: 

To  the  Honorable  Members  oj  the  Constitutional  Convention: 

Under  the  present  Constitution  of  Missouri,  women  are  denied  the 
right  of  suffrage.  This  denial  unjustly  affects  them  in  the  various 
relations  of  life  and  is,  as  we  believe,  a  violation  of  the  principles  of 
American  liberty  and  the  laws  of  equity  which  should  be  recognized  by 
every  Christian  nation.  You  are  about  to  frame  a  new  Constitution 
and  in  this  important  work  we  pray  this  may  be  duly  considered.  We 
feel  justified  in  making  this  request  from  the  fact  that  you,  as  members 
of  the  Convention,  are  not  the  representatives  of  any  nationality,  class 
or  sex  and  cannot  be  partisan  in  the  narrow  sense  of  the  term;  met  and 
called  by  the  whole  people  to  frame  a  fundamental  law  for  all,  not  a  part. 
Constitutions  are  made  not  for  today  alone  but  always  look  to  the  future 
and  should  be  sufficiently  broad  to  guarantee  to  all  who  bear  the  burdens 
of  government  a  share  in  the  benefits.  You  will  recognize  in  this  Con- 
stitution the  power  to  tax  and  to  impose  taxes  irrespective  of  sex.  The 
exercise  of  this  power  brings  a  burden  and  there  should  be  a  correspond- 
ing benefit.  This  benefit  in  all  republican  government  is  the  right  of 
representation.  This  right  should  be  as  broad  as  the  power  to  tax, 
otherwise  a  constitution  becomes  a  mere  instrument  of  injustice  and  not 
the  safe-guard  of  the  liberties  of  the  people.  "That  he  has  imposed 
taxes  without  our  consent"  was  the  grievance  which  more  than  any  other 
moved  the  men  of  the  Revolution  to  throw  off  their  allegiance  to  George 
the  Third!  Yet  we  find  the  men  of  today  imposing  the  very  burdens 
which  men  so  strongly  resisted  a  hundred  years  ago.  This  injustice  is 
manifestly  great  but  in  our  opinion  is  not  the  greatest  of  the  evils  in- 
flicted by  the  disfranchisement  of  women. 


154  JOURNAL  OF  THE  MISSOURI 

Legislation  which  restricts  the  expression  of  opinion,  which  de- 
prives the  individual  of  a  voice  in  the  laws  by  which  he  is  governed, 
which  takes  from  a  mother  any  portion  of  her  influence  in  the  control 
and  education  of  her  children,  in  a  word  the  legislation  which  degrades 
any  class  of  citizens  by  limiting  their  power  as  moral  agents,  is  more 
oppressive  than  those  which  effects  the  mere  disposition  of  property. 
To  do  injustice  to  another  in  that  which  pertains  to  his  material  posses- 
49]  sions,  his  goods  and  chattels  is  to  commit  a  trespass  which  may  be 
forgiven,  but  what  can  atone  for  sins  against  the  individual  in  that  which 
relates  to  the  higher  being — that  which  affects  his  immortal  destiny. 
Laws  which  result  in  binding  the  conscience,  subjugating  the  will,  and 
blessing  the  self-respect,  constitute  the  greatest  measure  of  oppression 
which  can  be  inflicted  upon  thinking,  responsible  beings.  Of  such  laws 
we  complain.  The  progress  which  has  been  made  in  the  last  four  years, 
in  extending  the  right  of  citizens,  indicates  the  direction  in  which  our 
civilization  is  tending.  To  act  in  accordance  with  this  tendency  will  be 
to  meet  the  approval  of  the  coming  generations  for  it  must  be  apparent 
to  all  that  in  a  government  instituted  for  the  people,  no  class  distinctions 
are  to  be  permitted,  but  that  the  ballot,  the  symbol  of  self-government,  is 
to  become  the  common  property  of  all.  May  we  not  hope  then  that 
in  the  proposed  Constitution,  as  regards  the  rights  of  suffrage,  no  dis- 
tinction may  be  made  on  account  of  sex. 

Rebecca  N.  Hazard, 
Rose  Tittman, 
Mrs.  J.  B.  Henderson, 
Mrs.  Geo.  H.  Rea, 
Mrs.  Geo.  D.  Hall, 
In  behalf  of  the  Woman's  Suffrage  Association  of  Missouri. 

Pending  the  reading  of  the  communication,  Mr.  Massey 
moved  the  further  reading  be  dispensed  with  and  referred 
to  the  Committee  on  Elections  and  Electors, 
which  was  agreed  to. 

Mr.  Switzler  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Legislative  Department  inquire 
into  the  expediency  of  so  amending  the  Constitution  as  to  provide: 

1.  That  the  General  Assembly  shall  convene  biennially  at  the 
Capitol,  remain  in  session  not  longer  than  sixty  days,  and  that  it  have 
no  authority  to  meet  in  extra  or  special  session  except  when  called  to- 
gether by  proclamation  of  the  Governor. 

2.  That  local  or  special  legislation  be  interdicted  and  to  this  end 
the  committee  report  a  provision  specifying  in  detail  the  subjects  con- 
cerning which  the  General  Assembly  shall  pass  no  laws. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Legislative  Department. 


CONSTITUTIONAL  CONVENTION,   1875       155 


Mr.  Lay  offered  the  following  resolution: 

50]  Resolved,  1.  That  in  the  judgment  of  this  Convention  it  is 
expedient  and  proper  that  the  deliberations  of  this  body  should  be  opened 
each  morning  by  invoking  the  di\'ine  blessing  and  aid  in  its  labors. 

2.  That  the  Committee  to  whom  was  referred  the  question  as  to 
what  ofificers  are  neeessarj'  to  transact  the  business  of  the  Convention 
are  instructed  to  arrange  with  the  pastors  of  the  several  churches  in  the 
city  of  Jeflferson  so  as  to  secure  the  services  of  one  or  more  of  them  in 
opening  the  deliberations  of  the  Convention  each  morning  by  prayer. 

which  was  read. 

Mr.  Massey  moved  to  lay  the  resolution  on  the  table. 

The  ayes  and  noes  being  demanded,  the  motion  to  lay 
on  the  table  was  not  agreed  to  by  the  following  vote: 

AYES 


Allen 

Eitzen 

Hyer 

Pipkin 

Ross 

Bradfield 

Farris 

Johnston 

Priest 

of  Polk 

Broadhead 

Gantt 

Letcher 

Pulitzer 

Spaunhorst 

Carleton 

Gottschalk 

Massey 

Ray 

Todd 

Edwards 

Halliburton 

McCabe 

Rider 

Watkins 

of  St.  Louis  HolKday 


Mudd 


Mr.  President  27 


NOES 


Adams 

Crockett 

Hammond 

Maxey 

Switzler 

Alexander 

Davis 

Hardin 

Nickerson 

Taylor 

Black 

Dry  den 

Lackland 

Norton 

of  St.  Lous 

Boone 

Dysart 

Lay 

Rippey 

Taylor 

Brockmeyer 

Edwards 

Mabrey 

Roberts 

of  Jasper 

Chrisman 

of  Iron 

McAfee 

Rucker 

Wallace 

Conway 

Fyan 

McKee 

Shanklin 

Wagner        34 

Cottey  . 

Hale 

ABSENT 

McKiUop 

Ross 
of  Morgan 

2 

SICK 
Crews  Mortell  Shields  3 

Mr.  Gantt  offered  the  following  amendment: 

Amend  by  adding  the  following:  Provided,  That  no  claim  be  thereby 
created  in  favor  of  any  one  officiating  as  Chaplain  to  be  paid  out  of  the 
public  treasury  of  the  State  or  out  of  the  contingent  fund  of  the  Con- 
vention. 

which  was  read. 


156  JOURNAL  OF  THE  MISSOURI 

Mr.  McAfee  moved  to  adjourn  until  tomorrow  morning 
51]  at  9  o'clock,  which  was  not  agreed  to. 

On  motion  of  Mr.  Spaunhorst  the  resolution  and  amend- 
ment was  referred  to  the  Committee  on  OfTicers. 

On  motion  of  Mr.  Gottschalk  the  Convention  adjourned 
until  tomorrow  morning,  9  o'clock  a.  m. 


SATURDAY,  MAY  8,  1875. 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

On  motion  of  Mr.  Conway  the  Reverend  Mr.  Prottsman 
opened  the  Convention  with  prayer. 

The  journal  of  yesterday  was  being  read  when  on 
motion  of  Mr.  Hardin  the  further  reading  was  dispensed 
with. 

Mr.  Wallace  offered  the  following  resolution: 

Resolved,  That  an  additional  standing  committee  for  this  Con- 
vention be  appointed  by  the  President  to  be  known  as  the  Committee 
on  Miscellaneous  Provisions  of  the  Constitution  and  which  shall  consist 
of  seven  members. 

which  was  read  and  adopted. 

Mr.  Broadhead  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Banks  and  Corporations  be  in- 
structed to  inquire  into  the  expediency  of  reporting  provisions  in  the 
Constitution  substantially  as  follows: 

1.  No  corporation  shall  issue  stock  or  bonds  except  for  money 
paid,  labor  due,  or  property  actually  received.  The  stock  and  indebted- 
ness of  corporations  shall  not  be  incurred  except  in  pursuance  of  general 
law  without  the  consent  of  the  person  holding  the  larger  amount  in 
52]  value  of  the  stocks  first  obtained  at  a  meeting  called  for  that  purpose. 

2.  The  directors  and  managers  of  all  corporations  shall  be  held  per- 
sonally liable  for  all  debts  created  or  contracted  over  and  above  the 
amount  of  capital  stock  actually  paid  in  at  the  time  of  the  creation  of 
such  indebtedness. 

3.  The  exercise  of  the  police  power  of  the  State  shall  never  be 
abridged  or  so  construed  as  to  permit  corporations  to  infringe  the  equal 
rights  of  individuals  or  the  well-being  of  the  State,  and  the  General 
Assembly  shall  by  appropriate  legislation  provide  for  a  visitation,  by 
competent  authority,  of  all  corporations  not  strictly  of  a  public  character 


CONSTITUTIONAL  CONVENTION,   1875        157 

and  for  forfeiting  their  charters  on  account  of  acts  done  in  violation  of 
public  policy. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Banks  and  Corporations. 

The  President  announced  that  he  had  appointed  Mr. 
V.  M.  Hobbs  second  assistant  secretary  of  the  Convention. 

Mr.  Roberts  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Revenue  and  Taxation  be  in- 
structed to  inquire  into  the  expediency  of  reporting  an  amendment  to 
the  Constitution  substantially  as  follows:  The  Legislature  shall  have 
power  to  tax  pedlers,  auctioneers,  brokers,  bankers,  merchants,  com- 
mission merchants,  showmen,  jugglers,  inn-keepers,  liquor  dealers,  toll 
bridges,  ferries,  insurance,  telegraph  and  express  interests  or  business, 
venders  of  patents,  persons  on  their  incomes,  distillers  of  spirits  and  per- 
sons or  corporations  owning  or  using  franchises  and  privileges,  in  such 
manner  as  it  shall  from  time  to  time  direct  by  general  law,  uniform  as  to 
the  class  upon  which  it  operates;  and  the  Legislature  shall  also  have 
power  to  provide  such  further  revenue  as  may  be  needful,  levying  a 
tax  by  valuation  so  that  all  taxes  shall  be  uniform  upon  the  same  class 
of  subjects  within  the  territorial  limits  of  the  authority  levying  the  tax 
and  so  that  every  person  and  corporation  shall  pay  a  tax  in  proportion 
to  his,  her  or  its  property,  such  value  to  be  ascertained  by  some  persons 
to  be  elected  or  appointed  in  such  manner  as  the  Legislature  shall 
direct  and  not  otherwise  permissory. 

which  was  read  and  on  motion  referred  to  Committee  on 
Revenue  and  Taxation. 

53]     Mr,  Davis  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Revenue  and  Taxation  take  into 
consideration  the  following  change  in  the  revenue  system: 

1.  All  taxes  shall  be  uniform  upon  the  same  class  of  subjects 
within  the  territorial  limits  of  the  authority  levying  the  tax  and  shall  be 
levied  and  collected  under  general  laws  and  in  such  a  manner  that  every 
person  and  corporation  shall  pay  a  tax  in  proportion  to  the  value  of  his, 
her  or  its  property. 

2.  No  property,  real  or  personal,  shall  be  exempt  from  taxation 
except  such  as  may  be  used  exclusively  for  public  schools  supported  by 
taxation,  public  property  used  for  public  purposes,  buildings  and  grounds 
used  solely  for  religious  worship  to  the  amount  in  value  of  twenty-five 
hundred  dollars  and  no  more,  places  of  burial  not  used  for  private  or 
corporate  profit,  and  institutions  of  purely  public  charity. 

3.  All  laws  exempting  property  from  taxation,  other  than  the  prop- 
erty above  enumerated  shall  be  void. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Revenue  and  Taxation. 


158 


JOURNAL  OF  THE  MISSOURI 


Mr.  Crews  ofTered  the  following  resolution: 

Resolved,  That  whenever  any  person  has  been  elected  or  appointed 
to  any  office  under  the  Constitution  or  laws  of  this  State,  and  by  reason 
of  death,  removal  from  the  State,  disloyalty  or  other  causes,  such  person 
fails  to  qualify  or  enter  upon  the  discharge  of  the  duties  of  his  office,  a 
vacancy  shall  be  deemed  to  exist  in  said  office,  and  the  same  shall  be 
filled  as  in  other  cases  of  vacancy. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Judicial  Department. 

Mr.  Rider  from  the  Committee  on  Additional  Officers 
submitted  the  following  report: 

Mr.  President: 

Your  Committee  to  which  was  referred  the  resolution  upon  the 
subject  of  a  Chaplain  for  this  Convention  has  had  the  same  under 
consideration  and  instructed  me  to  report  the  following: 

Resolved,  That  the  reverend  clergymen  of  this  city  are  welcome 
to  the  Hall  of  this  Convention  to  open  the  morning  session  with  prayer, 
and  that  the  Secretary  of  this  Convention  give  notice  through  the 
morning  papers  of  the  adoption  of  this  resolution;  Provided,  it  be  ex- 
pressly understood  that  no  charge  upon  the  public  treasury  shall  issue 
from  the  adoption  of  the  foregoing  resolution. 

which  was  read. 

54]  Mr.  Priest  moved  the  report  of  the  Committee 
be  received,  which  was  agreed  to. 

Mr.  Pulitzer  moved  the  previous  question,  which  was 
ordered. 

The  question  recurring  upon  the  adoption  of  the  resolu- 
tion recommended  by  the  Committee  on  Officers,  the  ayes 
and  noes  being  demanded,  the  resolution  recommended  by 
the  Committee  was  adopted  by  the  following  vote: 

AYES 


Alexander 

Edwards 

Hyer 

Niekerson 

Ross 

Allen 

of  St.  Louis 

Johnston 

Pipkin 

of  Polk 

Boone 

Farris 

of  NodawayPriest 

Spaunhorst 

Bradfield 

Fyan 

Letcher 

Pulitzer 

Taylor 

Broadhead 

Gantt 

Mabrey 

Rider 

of  St.  Louis 

Brockmeyer 

Halliburton 

Massey 

Rippey 

Todd 

Carleton 

Hammond 

McAfee 

Ross 

Watkins 

Crews 

Hardin 

Maxey 

of  Morgan 

Mr.  President 

Davis 

Holliday 

Mudd 

38 

CONSTITUTIONAL  CONVENTION,   1875       159 


NOES 


Adams 

Crockett 

Lay 

Roberts 

Taylor 

Black 

Dryden 

McCabe 

Rucker 

of  Jasper 

Chrisman 

Gottsehalk 

McKee 

Shanklin 

Wallace 

Conway 

Hale 

Ray 

Switzler 

Wagner       20 

Cottey 

ABSENT 

Dysart 

Edwards 
of  Iron 

Eitzen 
McKillop 

Norton 

Lackland      6 

SICK 


MorteU 


Shields 


Mr.  Pulitzer  moved  to  reconsider  the  vote  by  which  the 
resolution  was  adopted  and  to  lay  his  motion  to  reconsider 
on  the  table,  which  was  agreed  to. 

Mr.  McAfee  offered  the  following  resolution: 

55]  Resolved,  That  the  Committee  on  Additional  Officers  and 
Employes  be  retained  as  one  of  the  standing  committees  of  the  Conven- 
tion, and  that  all  resolutions  and  propositions  for  additional  clerical 
force,  additional  officers  or  employes,  extra  or  additional  pay,  be  referred 
to  such  committee  without  debate. 

which  was  read. 

Mr.  Todd  offered  the  following  amendment: 

Amend  by  adding,  "That  the  compensation  for  the  services  of  all 
persons,  appointed  or  engaged  by  the  Convention,  shall  be  determined 
at  the  time  of  their  respective  appointments,  or  engagements,  unless 
already  determined  and  that  the  same  shall  not  be  increased,  or  added  to 
for  any  alleged  cause  whatever." 

which  was  read  and  agreed  to. 

Mr.  Pulitzer  offered  the  following  substitute  for  the 
resolution  as  amended: 

Amend  by  striking  out  all  after  the  word  "Resolved,"  and  insert  the 
following:  "That  the  President  of  this  Convention  be  authorized  to 
employ,  if  found  absolutely  necessary,  such  additional  assistance  as  in 
his  judgment  may  seem  proper;  provided,  that  the  compensation  for  the 
services  of  all  persons  appointed  or  engaged  by  the  President  of  the  Con- 
vention shall  be  determined  at  the  time  of  their  respective  appointments 
or  engagements,  unless  already  determined,  and  that  the  same  shall  not 
be  increased  or  added  to  for  any  alleged  cause  whatever." 

which  was  read  and  agreed  to. 

The    resolution    as    amended 
adopted. 


by    the    substitute    was 


160  JOURNAL  OF  THE  MISSOURI 

Mr.  Todd  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Elections  and  Electors  inquire  into 
the  expediency  of  reporting  the  following,  as  an  amendment  to  the  Con- 
stitution: It  shall  not  be  lawful  for  any  person  to  vote  or  to  be  elected 
to  any  office,  who  shall  not  have  paid  a  poll  tax  of  at  least  one  dollar 
during  the  year  next  preceding  the  time  when  he  offers  to  vote,  or  be- 
comes a  candidate  for  office.  Such  poll  tax  shall  be  appropriated  for 
the  support  of  the  militia  and  common  public  schools,  as  shall  be  pro- 
vided for  by  law. 

which  was  read  and  on  motion  of  Mr.  McCabe  referred  to 
the  Committee  on  Elections  and  Electors. 

Mr.  Todd  offered  the  following  resolution: 

56]  Resolved,  That  the  Committee  on  Legislative  Department  be 
requested  to  inquire  into  the  expediency  of  reporting  the  following  as  an 
amendment  to  the  Constitution:  No  office  of  any  kind,  or  grade,  ex- 
cepting judges  of  courts  of  record  shall  have  a  larger  salary,  compensa- 
tion or  fees  at  any  time  during  the  time  for  which  he  was  appointed  or 
elected  than  were  provided  for,  by  law,  at  the  commencement  of  such 
term. 

which  was  read,  and  on  motion  of  Mr.  Priest  referred  to  the 
Comm.ittee  on  Legislative  Department. 

Mr.  McCabe  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Preamble  and  Bill  of  Rights  be 
instructed  to  inquire  into  the  propriety  of  reporting  an  amendment  or 
addition  to  the  article  now  entitled  "Declaration  of  Rights,"  substan- 
tially as  follows:  Private  property  shall  not  be  taken  or  damaged  for 
public  use  without  just  compensation,  such  compensation  when  not 
made  by  the  State,  shall  be  ascertained  by  a  jury,  as  shall  be  prescribed 
by  law.  The  fee  of  land  taken  by  railroad  tracks  without  the  consent 
of  the  owners  thereof  shall  remain  in  such  owners  subject  to  the  use  for 
which  it  is  taken. 

which  was  read  and  on  motion  of  Mr.  Dryden  referred  to  the 
Committee  on  Preamble  and  Bill  of  Rights. 

Mr.  Lackland  offered  the  following  resolution: 

Resolved,    That   the   Constitution  be  so  amended  as   to   provide 

that:     Section After  the  first  day  of  January,  one  thousand  eight 

hundred  and  seventy-seven,  every  voter,  if  he  shall  not  own  taxable 
property  to  the  amount  of  two  hundred  dollars,  shall  be  assessed  for 
all  revenue  purposes  in  the  sum  of  two  hundred  dollars  and  he  shall  pay 
the  annual  taxes  imposed  by  law  on  that  sum  for  the  year  in  which  he 
offers  to  vote,  if  they  shall  be  due  and  payable  for  that  year,  if  not,  then 


CONSTITUTIONAL  CONVENTION,   1875        161 

for  the  preceding  year,  before  he  shall  be  entitled  to  vote  at  any  State, 
county,  municipal  or  school  election. 

which  was  read  and  on  motion  of  Mr.  Gottschalk  referred 
to  the  Committee  on  Elections  and  Electors. 

Mr.  Letcher  from  the  Com.mittee  on  Revenue  and  Tax- 
ation submitted  the  following  report: 

Mr.  President: 

The  Committee  on  Revenue  and  Taxation  to  which  was  referred 
the  preamble  and  resolution  offered  by  Mr.  Mudd  relating  to  the  payment 
57]  of  the  bonded  indebtedness  of  the  State,  having  had  the  same  under 
consideration,  have  instructed  me  to  report  the  same  back  to  the  Con- 
vention with  the  recommendation  that  it  be  passed. 

which  was  read  and  on  motion  of  Mr.  Letcher  received. 

Mr.  Adams  moved  that  the  further  consideration  of  the 
preamble  and  resolution  relating  to  the  payment  of  the 
bended  indebtedness  of  the  State  be  postponed,  which  was 
not  agreed  to. 

Mr.  Norton  offered  the  following  substitute: 

Resolved,  That  it  is  the  sense  of  this  Convention  that  the  provisions 
of  an  ordinance  for  the  payment  of  State  and  railroad  indebtedness  adopt- 
ed April  8,  1865,  be  incorporated  in  the  Constitution  to  be  framed  by 
this  Convention. 

which  was  read. 

Leave  of  absence  was  granted  to  Mr.  Taylor  of  Jasper 
for  two  days. 

On  motion  of  Mr.  Boone  the  Convention  adjourned 
until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  N.  \V. 
Watkins,  Vice-President  in  the  chair. 

The  Convention  resumed  the  consideration  of  the  resolu- 
tion reported  by  the  Commattee  on  Revenue  and  Taxation. 

Mr.  Norton  by  leave  of  the  Convention  withdrew  his 
amendment  offered  in  the  morning  session. 

Mr.  Norton  offered  the  following  amendment  to  the 
resolution  recommended  by  the  Committee: 

6 


162 


JOURNAL  OF  THE  MISSOURI 


Amend  by  striking  out  all  after  the  word  "Resolved"  and  insert  in 
lien  thereof  the  following;  "That  it  is  the  sense  of  the  members  of  this 
Convention  that  we  are  representing  the  will  of  the  people  of  the  State 
of  Missouri  when  we  declare  that  the  interest  on  the  State  debt,  and 
the  bonds  shall  be  paid  according  to  their  tenor  and  that  this  convention 
will  provide  by  proper  provision  in  the  proposed  Constitution  therefor." 

which  was  read. 

Mr.  Bradfield  offered  the  following  amendment  to  the 
amendment: 

68]  Resolved,  That  the  report  of  the  Committee  on  Revenue  and  Taxa- 
tion and  the  amendments  be  recommitted  to  said  Committee,  and  they 
be  instructed  to  report  to  the  Convention,  a  constitutional  provision 
requiring  the  Legislature  to  pass  such  laws  as  will  secure  the  prompt 
payment  of  the  interest  accruing  on  the  debt  of  the  State  and  the  bonds 
of  the  State  at  maturity. 

which  was  read. 

Mr.  Todd  offered  the  following  substitute  for  the  resolu- 
tion and  amendments: 

Whereas,  the  payment  of  the  interest  of  the  State  indebtedness  and 
of  the  indebtedness  itself  as  they  become  due  is  as  fully  secured  by  an 
organic  law  as  it  is  possible  and  has  been  entirely  successful  therefor. 
Therefore,  Resolved,  That  as  this  Convention  or  the  people  can  not  make 
any  stronger  guaranty  for  such  payments  this  Convention  declines  the 
attempt  to  adopt  any  new  plans  or  guaranty  therefor. 

which  was  read. 

Mr.  Bradfield  with  the  consent  of  the  Convention  with- 
drew his  amendment. 

The  question  recurring  on  the  substitute  offered  by 
Mr.  Todd,  it  was  not  agreed  to. 

The  amendment  offered  by  Mr.  Norton  was  agreed  to 
by  the  following  vote: 

AYES 


Adams 

Conway 

Fyan 

Johnston 

Norton 

Alexander 

Cottey 

Gantt 

Lackland 

Pipkin 

Allen 

Crockett 

Gottschalk 

Letcher 

Priest 

Black 

Davis 

Hale 

Mabrey 

Ray 

Boone 

Dryden 

Halliburton 

McAfee 

Rider 

Bradfield 

Dysart 

Hammond 

McCabe 

Rippey 

Brockmeyer 

Edwards 

Hardin 

McKee 

Roberts 

Carleton 

of  Iron 

Holliday 

Mortell 

Ross 

Chrism  an 

Farris 

Hyer 

Nickerson 

of  Morgan 

CONSTITUTIONAL  CONVENTION,   1875       163 


Ross 

Rucker 

Taylor              Wallace 

Watkins 

of  Polk 

Shanklin 

of  St.  Louis  Wagner 

Mr.  President 

Spaunhorst 

Todd 

53 

Shields 

Taylor 
of  Jasper 

Broadhead 
Edwards 
of  St.  Louis 

Crews 


NOES 
ABSENT  WITH  LEAVE 


Eitzen 
Lay 


ABSENT 

Massey 
McKillop 


SICK 


Maxey 
Mudd 


Pulitzer 
Switzler 


10 


The    resolution   recommended    by   the    Committee    as 
amended  was  adopted. 

Mr.  Johnston  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Legislative  Department  take  into 
consideration  the  propriety  of  incorporating  into  this  report  the  follow- 
ing provision  as  a  part  of  the  proposed  revised  or  amended  Constitution 
59]  of  this  State  to  wit: 

That  the  House  of  Representatives  shall  consist  of  three  times  the 
number  of  members  in  the  Senate  and  the  term  of  office  of  Representa- 
tives shall  be  two  years.  Three  Representatives  shall  be  elected  from 
each  senatorial  district  at  the  general  election  in  the  year  1876,  and  every 
two  years  thereafter  and  at  all  elections  for  Representatives  to  the  Legis- 
lature each  elector  may  cast  the  votes  for  Representatives  and  may  dis- 
tribute such  three  votes  among  the  three  members  to  be  elected  in  his 
district  or  at  his  option  may  cast  them  all  for  one  member  or  may  cast 
equal  parts  of  three  votes  among  said  members  at  his  pleasure. 

which  was  read  and  referred  to  the  Committee  on  Legis- 
lative Department. 

Mr.  Cottey  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Printing  and  Binding  be  in- 
structed to  inquire  and  report  to  this  Convention  as  early  as  practical 
whether  the  printing  necessary  for  this  Convention  is  or  is  not  provided 
for  under  the  Constitution  and  laws  of  this  State  and  existing   contracts. 

Secondly — If  said  Committee  shall  be  of  opinion  that  such  printing 
as  this  Convention  may  require  is  not  so  provided  for,  that  they  report 
the  best  and  most  economical  mode  for  printing  the  same  and  what 
printing  it  is  desirable  to  provide  for  and  upon  what  terms  said  printing 
can  be  done  in  this  city. 

which  was  read  and  adopted. 


164  JOURNAL  OF  THE  MISSOURI 

Mr.  Chrisman  ofTered  the  following  resolution: 

Resolved,  That  the  Committee  on  Elections  be  requested  to  inquire 
into  the  expediency  of  so  amending  the  Constitution  as  to  provide 
as  follows:  The  trial  and  determination  of  contested  elections  of  elec- 
tors for  President  and  Vice-President,  members  of  the  General  Assembly'' 
and  all  public  officers,  whether  State,  judicial,  municipal  or  local  shall 
be  by  the  courts  or  by  one  or  more  of  the  judges  thereof.  The  General 
Assembly  shall  by  general  law  designate  the  courts  and  judges  by  whom 
the  several  classes  of  election  contests  shall  be  tried  and  regulate  the 
manner  of  trial  and  all  matters  incident  thereto,  but  no  such  lav/  assign- 
ing jurisdiction  or  regulating  its  exercise  shall  apply  to  any  contest 
arising  out  of  an  election  held  before  its  passage. 

which  was  read  and  on  motion  referred  to  the  Committee 

on  Elections  and  Electors. 

Mr.  Wallace  ofTered  the  follovving  resolution: 

Resolved,  That  a  special  committee  of  three  members  be  appointed 
by  the  President  whose  duty  it  shall  be  to  inquire  into  the  propriety  of 
employing  a  competent  reporter  for  the  Convention  and  the  terms  on 
which  such  reporter  can  be  employed  and  report  to  the  Convention  at 
an  early  day. 

60]  which  was  read  and  on  motion  the  further  consideration 
of  the  resolution  was  postponed  until  Monday  morning. 

Mr.  Gantt  offered  the  following  amendment  to  the  rules 
of  the  Convention: 

1.  No  member  shall  in  debate  refer  to  another  except  as  the  mem- 
ber from  the  county  he  represents. 

2.  No  member  when  the  ayes  and  noes  are  called  shall  give  an  ex- 
planation of  his  vote  unless  by  unanimous  consent  of  the  Convention. 

which  was  read. 

Mr.  Norton  ofTered  the  following  amendment: 

Amend  by  adding  to  the  first  rule,  "except  in  counties  having  more 
than  one  delegate  who  may  then  be  referred  to  by  name." 

which  was  read  and  agreed  to. 

Mr.  Shanklin  offered  the  following  amendment: 

Amend  first  proposed  rule  by  striking  out  the  word  "member"  and 
inserting  the  word  "gentleman." 

which  was  read  and  not  agreed  to. 

On  motion  of  Mr.  Gottschalk  the  rules  as  amended  were 
referred  to  the  Committee  on  Rules. 

On  motion  of  Mr.  Priest  the  Convention  adjourned 
until  Monday,  10  o'clock  a.  m. 


CONSTITUTIONAL  CONVENTION,   1875       165 


MONDAY,  MAY  10, 1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  journal  of  Friday  was  read  and  approved. 

The  journal  of  Saturday  was  corrected  and  approved. 

Mr.  Roberts  stated  that  as  the  resolution  offered  by 
Mr.  Norton  was  adopted  in  lieu  of  the  resolution  recommen- 
ded by  the  Committee  on  Revenue  and  Taxation  he  would 
ask  leave  of  the  Convention  to  change  his  vote  from  no  to 
aye.  Leave  was  granted  and  the  Secretary  authorized  to 
make  the  change. 

Mr.  Shackelford  from  the  Seventh  Senatorial  District 
came  forward,  presented  his  credentials  and  was  sworn  in 
by  Mr.  Burch,  notary  public  for  Cole  county. 

Mr.  Brockmeyer  moved  that  when  the  Convention  ad- 
journs it  adjourn  until  tomorrow,  9  o'clock  a.  m.,  which 
61]  v/as  agreed  to. 

Mr.  Halliburton  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Legislation  be  requested  to  inquire 
into  the  expediency  of  incorporating  into  the  Constitution  the  follow- 
ing provisions: 

First.  A  provision  prohibiting  the  Legislature  from  passing  any 
law  to  pay  by  the  State  the  war  claims  audited  under  the  late  act  of  the 
Legislature  or  that  may  hereafter  be  audited  under  said  act  or  any  sim- 
ilar act  except  from  funds  obtained  from  the  United  States  for  that  pur- 
pose. 

Second.  A  provision  prohibiting  special  legislation  of  the  following 
cases: 

1.  Granting  divorces. 

2.  Changing  the  names  of  persons  or  places. 

3.  Laying  out,  opening,  altering  and  working  roads  or  highways. 

4.  Vacating  roads,  town  plats,    streets,  alleys  and  public  grounds. 

5.  Locating  or  changing  county  seats. 

6.  Regulating  county  and  township  affairs. 

7.  Regulating  the  practice  in  courts  of  justice. 

8.  Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace, 
police  magistrates  and  constables. 

9.  Providing  for  changes  of  venue  in  civil  and  criminal  eases. 


166  JOURNAL  OF  THE  MISSOURI 

10.  Incorporating  cities,  towns  or  villages  or  changing  or  amending. 

11.  Providing  for  the  election  of  members  of  the  board  of  super- 
visors, other  officers  in  townships,  incorporated  towns  or  cities. 

12.  Summoning  and  impaneling  grand  or  petit  juries. 

13.  Providing  for  the  management  of  common  schools. 

14.  Regulating  the  rate  of  interest  on  money. 

15.  The  opening  and  conducting  of  any  election  or  designating  the 
place  of  voting. 

16.  The  sale  or  mortgage  of  real  estate  belonging  to  minors  or  others 
under  disability. 

17.  The  protection  of  game  or  fish. 

18.  The  chartering  or  licensing  of  ferries  or  toll  bridges.* 

19.  Remitting  fines,  penalties  or  forfeitures. 

20.  Creating,  increasing  or  decreasing  fees,  percentage  or  allowance 
of  public  officers. 

21.  Changing  the  law  of  descent. 

22.  Granting  to  any  corporation,  association  or  individual  the 
right  to  lay  down  railroad  tracks  or  amending  existing  charters  for  such 
purposes. 

23.  Granting  to  any  corporation,  association  or  individual  any 
special  or  exclusive  privilege,  immunity  or  franchise  whatever. 

24.  In  all  other  cases  where  a  general  law  can  be  made  applicable 
no  special  law  shall  be  enacted. 

62]  25.  No  money  shall  be  appropriated  out  of  the  treasury  by 
any  special  act  of  the  Legislature. 

Third.  The  General  Assembly  shall  have  no  power  to  release  or 
extinguish  in  whole  or  in  part  the  indebtedness,  liability  or  obligation 
of  anjr  corporation  or  individual  to  this  State  or  any  municipality  therein. 

Fourth.  That  neither  the  State  nor  any  county,  township,  city, 
town  nor  other  municipal  corporation  shall  ever  pay,  assume  or  become 
responsible  for  the  debts  or  liabilities  of,  or  in  any  manner  give,  loan  or 
extend  its  credit  to. or  in  aid  of  any  public  or  other  corporation,  associa- 
tion or  individual. 

Mr.  Spaunhorst  offered  the  following  resolution: 

Resolved,  That  every  proposition,  memorial,  petition  or  remon- 
strance presented  to  this  Convention  in  writing  shall  have  appropriate 
heading  or  title  designating  the  subject  matter  to  which  same  relates 
and  that  when  such  proposition,  memorial,  petition  or  remonstrance 
be  referred  to  committee  no  entry  except  the  heading  or  title  and  the 
subject  to  which  the  same  relates  shall  be  entered  on  the  journal.  All 
reports  from  committees  shall  be  entered  in  full  and  spread  on  the 
journal. 

which  was  read. 

Mr.  Hale  moved  to  refer  the  resolution  to  the  Commit- 
tee on  Rules,  which  was  not  agreed  to. 

Pending  the  discussion  of  the  adoption  of  the  resolution, 


CONSTITUTIONAL  CONVENTION,   1875       167 

on  motion  of  Mr.  Dysart  the  rules  were  suspended  to  allow 
the  Committee  on  Printing  and  Binding  to  make  a  report. 
Mr.  Norton  from  the  Committee  on  Printing  and  Bind- 
ing submitted  the  following  report: 

To  the  President  of  the  Constitutional  Convention: 

The  Committee  on  Printing  and  Binding  to  which  was  referred  the 
following  resolution: 

Resolved,  That  the  Committee  on  Printing  and  Binding  be  instruc- 
ted to  inquire  and  report  to  this  Convention  as  early  as  practicable 
whether  the  printing  necessary  for  this  Convention  is  or  is  not  provided 
for  under  the  Constitution  and  laws  of  this  State  and  existing  contracts. 
Secondly.  If  said  committee  shall  be  of  opinion  that  such  printing  as 
this  Convention  may  require  is  not  provided  for,  that  they  report  the 
best  and  most  economical  mode  for  printing  the  same  and  what  printing 
it  is  desirable  to  provide  for  and  upon  what  terms  said  printing  can  be 
done  in  this  city. 

Respectfully  report  that  under  the  provisions  of  a  joint  resolution 
of  the  General  Assembly  passed  on  the  20th  day  of  March,  1874,  a  con- 
63]  tract  was  entered  into  between  the  State  through  the  Commis- 
sioners of  Public  Printing,  and  Regan  and  Carter,  under  which  the  said 
Regan  and  Carter  agreed  to  do  the  printing  for  the  State  upon  the 
terms  specified  in  said  contract. 

The  Committee  in  response  to  the  resolution  thus  re- 
ferred would  report  that  under  said  contract  the  printing 
of  the  State  is  provided  for  and  would  recommend  the  adop- 
tion of  the  following  resolution: 

Resolved,  That  Messrs.  Regan  and  Carter,  under  their  contract 
with  the  State  to  do  the  public  printing  for  the  State,  are  entitled  to  the 
printing  necessary  for  this  Convention  on  the  terms  specified  in  their 
contract.  A  copy  of  said  contract,  containing  a  schedule  of  prices,  is 
hereto  annexed  as  part  of  this  report  with  the  addition  to  the  word 
"additional"  in  the  8th  line  from  the  top  of  the  second  page  of  said 
contract  the  word  "one  hundred"  before  the  word  "page"  and  changing 
the  word  "page"  to  "pages,"  which  change  is  agreed  to  by  said  Regan 
and  Carter  so  as  to  make  the  same  read  "one  hundred  additional  pages." 

which  was  read. 

Mr.  Cottey  moved  that  the  report  of  the  Committee 
be  adopted,  which  was  agreed  to. 

The  question  recurring  on  the  adoption  of  the  resolu- 
tion recommended  by  the  Committee,  Mr.  Rider  moved 
that  the  Convention  adjourn. 

Mr.  Rider,  at  the  request  of  the  President,  withdrew 


168  JOURNAL  OF  THE  MISSOURI 

his  motion  to  adjourn  for  the  purpose  of  allowing  the  Presi- 
dent to  announce  the  following  additional  standing  com- 
mittees: 

Committee  on  Revision — A.  R.  Taylor,  A.  Todd,  N.  A. 
Mortell,  F.  M.  Black,  L.  J.  Wagner,  J.  L.  Farris,  Thomas 
Shackelford,  Jas.  H.  Maxey,  E.  McCabe,  J.  H.  Shanklin, 
J.  F.  Rucker. 

Committee  on  Miscellaneous  Provisions — H.  C.  Wal- 
lace, Thomas  Shackelford,  N.  W.  Watkins,  J.  H.  Taylor, 
Geo.  H.  Shields,  T.  W.  B.  Crews,  Wm.  Chrisman. 

Pending  the  discussion  of  the  resolution,  Mr.  Rider 
moved  to  adjourn,  which  was  agreed  to. 

In  pursuance  of  Mr.  Brockmeyer's  m.otion*,  the  Presi- 
dent declared  the  Convention  adjourned  until  tomorrow, 
9  o'clock  a.  m.. 


TUEvSDAY,  MAY  11,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  journal  of  yesterday  was  read  and  approved. 

64]  Leave  of  absence  was  granted  Messrs.  Brock- 
meyer,  Broadhead  and  Mudd  on  account  of  sickness. 

Leave  of  absence  was  granted  Messrs.  Taylor  of  St. 
Louis  and  Pulitzer. 

The  Convention  resumed  the  consideration  of  the  resol- 
ution reported  by  the  Committee  on  Printing  and  Binding 
pending  at  adjournment,  and  the  resolution  was  adopted. 

Mr.  Shields  called  up  the  resolution  offered  by  Mr. 
Spaunhorst  in  relation  to  entering  propositions,  memorials 
petitions  and  remonstrances  on  the  journal  which  was  under 
discussion  when  the  rules  were  suspended  to  allow  Commit- 
tee on  Printing  and  Binding  to  report,  and  offered  the  fol- 
lowing amendment: 

Amend  by  striking  out  all  after  the  word  "Resolved"  and  insert 
the  following:     "All  resolutions,  memorials,  petitions  and  remonstrances 

*Thi8  was  Mr.  Rider's  motion. 


CONSTITUTIONAL  CONVENTION,   1875        169 

shall  be  numbered  consecutively  by  the  Secretary  when  offered.  If  the 
same  are  referred  to  a  committee  and  the  report  of  the  committee  be 
adverse  or  if  the  report  be  favorable  on  the  subject  without  change  of 
language  the  same  shall  be  referred  to  in  the  report  by  the  number  and 
name  of  the  mover  and  shall  not  be  entered  in  full  on  the  journal  a 
second  time." 

which  was  read  and  agreed  to. 

The  resolution  as  amended  was  adopted. 

Mr.  Shields  moved  to  reconsider  the  vote  by  which  the 
resolution  was  adopted  and  to  lay  his  motion  to  reconsider 
on  the  table,  which  was  agreed  to. 

Mr.  Conway  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  the  Judiciary  be  directed  to  in- 
quire into  the  expediency  of  providing  in  the  Constitution  for  a  circuit 
attorney  for  each  judicial  circuit  and  report  thereon  to  this  Convention. 

which  was  read  and  on  m.otion  referred  to  the  Committee 
on  Judicial  Department. 

Mr.  Allen  offered  the  follovving  resolution: 

Resolved,  That  the  Committee  on  the  Judiciary  examine  into  the 
question  whether  under  the  existing  Constitution  the  jurisdiction  of  the 
circuit  court  of  the  State  over  railv/ay  companies  whose  lines  extend 
through  more  than  one  county  or  circuit  is  or  can  be  made  by  the  General 
Assembly  sufficiently  ample  and  certain  to  enable  those  courts  to  en- 
force their  judgments  and  decrees  with  precision  and  effect  and  so  that 
in  the  event  of  a  sale  of  such  lines  it  can  be  made  at  one  place  to  be  desig- 
nated by  the  courts  and  by  one  writ  acting  over  and  along  the  entire 
line,  and  if  the  Committee  find  such  jurisdiction  to  be  not  ample  and 
65]  certain  for  those  purposes  it  report  an  amendment  to  the  Consti- 
tution which  will  invest  those  courts  with  the  necessary  and  proper 
jurisdiction  and  which  will  make  such  judgments  and  decrees  liens 
upon  the  entire  extent  of  such  lines  of  raihvay. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Judicial  Department. 

Mr.  Priest  offered  the  following  resolution: 

Resolved,  That  all  corporations  in  the  State  of  Missouri  shall  have 
an  office  in  the  State  and  a  book  shall  be  kept,  containing  a  full  and  com- 
plete record  of  the  names  and  places  of  residence  of  ail  the  directors  and 
other  officers  belonging  to  said  corporations,  for  the  inspection  of  any 
person,  and  a  majoritj'  of  the  directors  of  such  corporations  shall  be  resi- 
dent citizens  of  the  State. 

which  was  read  and  referred  to  Committee  on  Banks  and 
Corporations. 


170  JOURNAL  OF  THE  MISSOURI 

Mr.  Wagner  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Legislative  Department  inquire 
into  the  expediency  of  so  amending  the  Constitution  as  to  provide:  That 
no  amendment  to  bills  by  one  house  shall  be  concurred  in  by  the  other 
except  by  the  vote  of  a  majority  of  all  the  members  elected  thereto  taken 
by  yeas  and  nays  and  the  names  of  those  voting  for  and  against  recorded 
upon  the  journals  thereof,  and  reports  of  committees  of  conference  shall 
be  adopted  in  either  house  only  by  the  vote  of  a  majority  of  the  members 
elected  thereto  taken  by  yeas  and  nays  and  the  names  of  those  voting  for 
and  against  recorded  upon  the  journal. 

which  was  read  and  on  motion  referred  to  the  Committee  on 
Legislative  Department. 

Mr.  Llardin  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Legislative  Department  is  hereby 
instructed  to  inquire  into  the  expediency  of  reporting  to  this  Convention 
for  its  consideration  a  section  in  the  Constitution  which  shall  provide 
substantially:  That  members  of  the  General  Assembly  before  entering 
upon  their  official  duties  shall  take  and  subsei'ibe  an  oath  or  affirmation 
to  support  the  Constitution  of  the  United  States  and  the  Constitution 
of  the  State  of  Missouri,  and  to  faithfully  discharge  the  duties  devolving 
upon  them,  as  members  of  such  General  Assembly.  That  they  have  not 
knowingly  or  intentionally  paid  or  contributed  anything  or  made  any 
promise  in  the  nature  of  a  bribe,  to  influence  any  vote  at  the  election  at 
which  they  were  chosen  to  fill  said  offices.  That  they  have  not  accepted 
and  will  not  accept  or  receive  directly  or  indirectly  any  money  or  other 
valuable  thing  from  any  person,  corporation  or  company  on  account  of 
any  influence  or  vote  they  may  give  or  Avithhold  on  any  bill  resulting  as 
an  appropriation  or  for  any  other  official  act.  That  any  member  re- 
fusing to  take  such  oath  or  affirmation  shall  forfeit  his  office  and  be  dis- 
qualified thereafter  from  holding  any  office  of  profit  or  trust  in  this 
66]  State.  Such  oath  to  be  administered  by  a  judge  of  the  Supreme  or 
circuit  court  and  when  subscribed  recorded  in  the  office  of  Secretary  of 
State. 

which  was  read  and  on  motion  referred  to  the  Com.mittee 
on  Legislative  Department. 

Mr.  Hammond  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Judicial  Department  be  instructed 
to  inquire  into  the  expediency  of  so  amending  the  Constitution  as  to  pro- 
vide that  all  electionsfor  judges  of  the  Supreme  Court,  circuit  courts  and 
such  other  courts  of  civil  and  criminal  jurisdiction  as  may  be  established 
shall  be  held  in  a  different  year  from  the  year  in  which  the  general  elec- 
tions are  held. 

which  was  read  and  on  motion  of  Mr.  McCabe  referred  to  the 
Committee  on  Judicial  Department. 


CONSTITUTIONAL  CONVENTION,   1875       171 

Mr.  Switzler  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Boundaries  inquire  into  the  pro- 
priety of  simply  ratifying  the  present  boundaries  of  the  State  as  es- 
tablished by  law  instead  of  setting  them  out  by  meets  and  bounds  in  the 
Article  on  Boundaries. 

which  was  read  and  on  motion  of  A'Ir.  Adams  referred  to  the 
Committee  on  Boundaries  and  Political  Subdivisions  of  the 
State. 

Mr.  Nickerson  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Judiciary  be  instructed  to  inquire 
into  the  expediency  of  inserting  a  provision  in  the  Constitution  substan- 
tially as  follows:  In  all  counties  containing  a  population  of  twenty 
thousand  inhabitants  separate  terms  of  the  circuit  court  shall  be  held  for 
the  trial  of  criminal  cases. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Judicial  Department. 

Mr.  Rider  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  the  Executive  be  instructed  to  in- 
quire into  the  expediency  of  so  amending  the  Constitution  of  this  State 
by  constituting  a  committee  composed  of  the  Register  of  Lands,  Auditor 
and  Attorney-General  so  as  to  limit  the  pardoning  power  of  the  Gover- 
nor of  the  State. 

which  was  read  and  on  motion  referred  to  the  Committee  on 
Executive  and  Ministerial  Department  of  the  State  Gov- 
ernment. 

Mr.  Lackland  offered  the  following  resolution: 

Amendment  to  the  Constitution  to  prevent  a  division  of  the  school 
funds  among  the  different  religious  denominations: 

67]  Resolved,  That  the  Committee  on  Education  be  instructed  to 
inquire  into  the  expediency  of  so  amending  the  Constitution  as  to  forever 
prohibit  the  General  Assembly  from  enacting  any  law  for  the  purpose  of 
dividing  up  or  parcelling  out  the  school  funds  or  any  money  raised  for 
school  purposes  among  the  different  religious  denominations,  creeds, 
sects  or  churches  of  this  State  to  be  used  by  such  religious  denominations, 
creeds,  sects,  or  churches  for  educational  purposes. 

which  was  read  and  on  motion  referred  to  the  Committee  on 
Education. 

Mr.  Massey  offered  the  following  propositions: 

1.  The  Constitution  should  provide  that  no  law  should  be  enacted 
that  on  its  face  and  in  express  terms  declares  its  duration  to  be  for  twenty 


172  JOURNAL  OF  THE  MISSOURI 

years  or  forty  years  or  any  other  specifio  time,  but  all  laws  of  every  kind 
should  be  at  all  times  subject  to  the  law-making  power  in  all  its  pro- 
visions. 

2.  The  law  making  power  should  be  prohibited  from  authorizing 
any  political  or  municipal  body,  real  or  fictitious,  from  becoming  the 
creditors  of  any  association  of  any  character  by  a  bonded  indebtedness 
or  any  other  way. 

3.  The  Legislative  Department  of  government  should  be  required 
by  expressed  constitutional  provisions  to  confine  itself  strictly  to  enacting 
laws  and  should  be  prohibited  from  delegating  that  power. 

4.  All  laws  in  or  by  their  powers  should  be  co-extensive  with  the 
State. 

5. 

6.  Railroads  should  be  declared  public  highways  and  public  car- 
riers. The  rate  of  fare  and  freights  may  be  regulated  by  legislative  pro- 
visions. Discrimination  as  to  freight  should  be  prohibited.  The  prop- 
erty of  all  roads  should  be  subject  to  a  like  tax  as  to  other  property 
whether  it  may  be  personal  or  real. 

7.  General  laws  shall  be  passed  providing  for  the  incorporation  of 
cities,  granting  full  and  ample  authority  to  enact  all  ordinances  their 
councils  may  deem  proper  and  necessary,  of  course  not  contrary  to  any 
of  the  i>rovisions  of  the  State  Constitution. 

8.  Towns  of  a  specified  population  may  be  incorporated  under  gen- 
eral laws  but  the  power  of  such  to  borrow  money  or  to  contract  debts  is 
to  be  absolutely  prohibited. 

9.  The  use  of  public  money  by  any  one  in  any  way  not  authorized 
by  law  shall  be  prohibited  by  law,  if  such  shall  be  done  by  an  official  he 
shall  be  disqualified  ever  after  to  hold  any  office  and  shall  also  forfeit 
the  position  he  may  at  the  time  be  holding. 

10.  The  casting  of  a  vote  unauthorized  by  the  laAV  regulating  the 
right  to  vote  shall  disqualify  the  party  ever  after  from  voting  provided 
the  same  shall  be  proven  according  to  law. 

11.  All  elections  for  judges,  county  court  judges  and  justices  in- 
cluded, shall  be  held  at  a  time  different  from  all  other  elections.  Election 
for  all  county  officers  shall  be  held  at  a  time  different  from  all  other  elec- 
68]  tions.  Election  for  Governor  and  Lieutenant-Governor,  all  the 
State  officers  and  members  of  the  Legislature  shall  be  held  at  a  time  dif- 
ferent from  all  other  elections  and  at  such  times  in  each  case  as  maybe 
appointed  by  law  and  at  all  elections  the  votes  shall  be   east  viva  voce. 

12.  The  General  Assembly  shall  be  vested  with  full  and  complete 
authority  to  levy  the  taxes  required  to  carry  on  the  State  Government 
in  all  its  departments  and  no  other  power  or  authority  shall  exercise  any 
power  or  authority  of  this  kind.  Cities  and  incorporated  towns  may  be 
authorized  to  levy  taxes  to  defray  the  necessary  expenses  of  such  munici- 
pality by  general  law  and  the  rate  per  cent  shall  be  prescribed  by  the 
General  Assembl3^  All  persons,  co-partnership  and  corporate  compa- 
nies shall  pay  taxes  in  proportion  to  the  value  of  his,  her,  their  or  its  prop- 
erty, such  valuation  to  be  ascertained  by  general  laws  and  not  otherwise. 


CONSTITUTIONAL  CONVENTION,   1875        173 

13.  Public  schools,  asylums  for  the  insane,  institutions  for  the 
benefit  of  the  deaf,  dumb  or  blind  are  to  be  considered  as  public  charities 
and  so  far  as  any  or  each  shall  become  a  charge  upon  the  body  of  the 
State,  said  charge  shall  be  provided  for  by  State  taxation  and  no  other. 
Said  taxation  shall  be  in  conformity  with  the  system  of  raising  revenue 
generall3^  except  in  so  far  as  free  or  district  schools  are  concerned.  A 
per  capita  tax  shall  be  levied  on  all  male  persons  between  the  ages  of  21 
and  45  years  of  age. 

14.  It  shall  be  the  duty  of  each  General  Assembly  to  make  and 
publish  with  the  journals  a  statement  of  estimates  of  the  amounts  re- 
quired for  the  ensuing  two  years  of  all  charges  upon  the'  public  treasury, 
also  statements  of  the  amounts  in  money  of  property  made  taxable  and 
also  all  other  sources  of  revenue. 

15.  The  State  shall  never  be  made  responsible  for  the  debts 
or  liabilities  of  any  county,  corporation,  association  or  individual;  nor 
shall  it  in  any  manner  give,  loan  or  extend  its  credit  in  any  way  to  such 
for  any  purpose;  neither  shall  any  county,  municipality,  township  or 
school  district  ever  incur  any  interest  bearing  indebtedness  of  any  char- 
acter nor  shall  any  incorporated  town  do  this  nor  any  city  except  by  a 
vote  of  two-thirds  of  its  legally  qualified  voters  at  an  election  to  be  held 
for   this   purpose   solel3^ 

16.  The  General  Assembly  shall  receive  for  their  services  such  per 
diem  and  mileage  as  may  from  time  to  time  be  agreed  on  and  authorized 
by  law,  but  touching  what  is  known  as  contingencies  or  incidentals  of 
members  of  the  Legislature  they  shall  never  exceed  the  sum  of  thirty 
69]  dollars  per  session  which  shall  be  in  full  for  postage,  stationery  and 
all  these  incidental  expenses  and  perquisites  and  this  amount  shall  be 
paid  to  each  member  aud  managed  and  con1  rolled  each  for  himself. 
The  per  diem  of  members  shall  not  be  increased  to  takeeffect  during  the 
term  for  which  they  maj'  have  been  elected. 

17.  The  General  Assembly  shall  fix  and  determine  the  salaries  of 
all  State  officers.  The  fees  allowed  by  law  to  any  State  officer  shall  be  by 
said  officer  paid  into  the  State  treasury.  The  number  and  pay  of  all 
employes  of  the  State  officers  shall  be  fixed  by  law. 

18.  State  taxes  for  any  one  year  shall  never  exceed  one-half  of  one 
per  cent.  Counties  shall  be  authorized  to  leA^y  only  the  same  per  cent, 
but  a  greater  amount  may  be  levied  both  on  the  part  of  the  State  and  the 
counties  when  necessary  to  liquidate  indebtedness  existing  before  the 
adoption  of  this  Constitution. 

19.  Any  official  of  any  of  the  State  departments  or  any  member 
of  the  General  Assembly  who  shall  accept  any  gift  or  gratuity  of  any  kind 
from  any  corporation,  association  or  combination  of  any  character  shall 
be  deemed  guilty  of  a  misdemeanor  and  shall  be  punished  therefor  both  by 
fine  and  imprisonment  and  shall  forfeit  his  official  position,  and  the  Legis- 
lature shall  at  its  first  session  after  the  adoption  of  this  Constitution  pass 
laws  to  enforce  this  provision. 

which  was  read  and  on  motion  referred  to  the  committees  as 
follows: 


174  JOURNAL  OF  THE  MISSOURI 

First  proposition  to  the  Committee  on  Legislative  Department. 

Second  proposition  to  the  Committee  on  Legislative  Department. 

Third  proposition  to  the  committee  on  Legislative  Department. 

Fourth  proposition  to  the  Committee  on  Legislative  Department. 

Sixth  proposition  to  the  Committee  on  Banks  and  Corporations. 

Seventh  proposition  to  the  Committee  on  Banks  and  Corporations. 

Eighth  proposition  to  the  Committee  on  Banks  and  Corporations. 

Ninth  proposition  to  the  Committee  on  Legislative  Department. 

Tenth  proposition  to  the  Committee  on  Legislative  Department. 

Eleventh  proposition  to  the  Committee  on  Elections  and  Electors. 

Twelfth  proposition  to  the  Committee  on  Revenue  and  Taxation. 

Thirteenth  proposition  to  the  Committee  on  Miscellaneous  Pro- 
visions. 

Fourteenth  proposition  to  the  Committee  on  Revenue  and  Taxation. 

Fifteenth  proposition  to  the  Committee  on  Miscellaneous  Provisions. 

Sixteenth  proposition  to  the  Committee  on  Legislative  Department. 

Seventeenth  proposition  to  the  Committee  on  Legislative  Depart- 
ment. 

Eighteenth  proposition  to  the  Committee  on  Revenue  and  Taxation. 

Nineteenth  proposition  to  the  Committee  on  Miscellaneous  Pro- 
visions. 

Mr.  Boone  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  the  Bill  of  Rights  is  instrtucted 
70]  to  inqixire  into  the  expediency  of  an  amendment  to  the  Constitu- 
tion providing  for  proceedings  against  persons  accused  of  crime  by  in- 
formation instead  of  indictment. 

which  was  read  and  on  motion  referred  to  the  Committee  on 
Preamble  and  Bill  of  Rights. 

Mr.  Pipkin  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Judicial  Department  be  requested 
to  inquire  into  the  expediency  of  making  such  provisions  in  the  Consti- 
tution as  will  make  the  term  of  the  office  of  judges  of  the  Supreme  and 
circuit  court  for  life  or  good  behavior  and  that  the  same  shall  be  appointed 
by  the  Governor  and  confirmed  by  the  Senate. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Judicial  Department. 

Mr.  Rippey  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Judiciary  Department  be  instruct- 
ed to  inquire  into  the  expediency  of  amending  our  Constitution  in  sub- 
stance as  follows:  No  divorce  dissolving  the  marriage  contract  shall  be 
granted  except  for  dissolving  for  five  years  cruelty  where  the  husband  is 
worthless  and  cannot  be  compelled  to  support  each  separately,  and  for 
adultery,  and  then  it  shall  not  be  lawful  for  the  party  on  account  of  whose 
adultery  a  divorce  shall  have  been  decreed  to  marry  again  during  the 


CONSTITUTIONAL  CONVENTION,   1875       175 

life  of  the  husband  or  wife  in  whose  behalf  such  decree  shall  have  been 
rendered. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Judicial  Department. 

Mr.  Carleton  offered  the  following  resolution  in  relation 
to  qualification  of  voters  and  witnesses: 

Resolved,  That  the  Committee  on  Preamble  and  Bill  of  Rights  take 
into  consideration  the  expediency  of  incorporating  into  the  Bill  of  Rights 
the  following:  No  religious  test  or  amount  of  property  shall  ever  be  re- 
quired as  a  qualification  for  any  officer  of  public  trust  under  the  laws  of 
this  State.  No  religious  test  or  amount  of  property  shall  ever  be  re- 
quired as  a  qualification  for  any  voter  at  any  election  in  this  State,  nor 
shall  any  person  be  rendered  incompetent  to  give  evidence  in  any  court 
of  law  or  equity  in  consequence  of  his  opinion  upon  the  subject  of  religion, 
and  the  mode  of  ^administering  an  oath  or  affirmation  shall  be  such  as 
shall  be  most  consistent  with  and  binding  upon  the  conscience  of  the 
person  to  whom  the  oath  or  affirmation  may  be  administered. 

71]  which  was  read  and  on  motion  referred  to  the  Committee 
on  Preamble  and  Bill  or  Rights. 

Mr.  Todd  offered  the  following  resolution  relative  to 
the  Powers  of  the  General  Assembly: 

Resolved,  That  the  Committee  on  Legislation  be  instructed  to  in- 
quire into  the  expediency  of  reporting  the  following  as  an  amendment 
to  the  Constitution:  The  powers  of  the  General  Assembly  shall  be 
only  such  as  are  granted  to  it  by  this  Convention. 

which  was  read  and  on  m^otion  referred  to  the  Committee 
on  Legislative  Department. 

Mr.  Todd  offered  the  following  resolution  relative  to 
crimes,  criminal  practice,  jurors  and  juries: 

Resolved,  That  the  Committee  on  Legislative  Department  be  in- 
structed to  inquire  into  the  expediency  of  reporting  as  amendments  to  the 
Constitution  the  following: 

Indictments  and  information  for  crimes  and  misdemeanors  and 
their  trials  may  be  found  and  had  in  counties  other  than  those  in  which 
they  were  committed.  The  State  may  have  a  change  of  venue  in  crim- 
inal cases  for  causes  to  be  provided  for  by  law.  The  laws  should  only 
define  crimes.  The  jury  trying  any  case  of  alleged  crime  should  have  the 
right  to  find  its  grade  and  measure  of  punishment.  No  person  should 
serve  as  a  juror  in  any  case  who  cannot  read  and  write  the  English 
language  and  speak  it  ordinarily  well.  It  shall  not  be  a  lawful  objection 
to  a  person  for  a  juror  in  a  criminal  case  that  he  has  heard  or  read  of  the 
case  to  be  tried  or  has  an  opinion  relative  to  it  formed  upon  such  in- 
formation, provided  he  will  swear  or  affirm  that  he  did  not  believe  that 


176  JOURNAL  OF  THE  MISSOURI 

such  information  or  opinion  would  prevent  his  rendering  a  fair  and  im- 
partial verdict  in  the  case  according  to  the  law  and  evidence  under  which 
the  case  should  be  submitted  to  the  jury  for  which  he  is  proposed.  The 
General  Assembly  shall  provide  by  law  for  the  finding  of  verdicts  in 
civil  and  criminal  cases  with  less  than  unanimity  of  the  jury  and  with 
juries  of  less  number  than  twelve.  , 

which  was  read  and  on  motion  referred  to  the  Committee  on 
Legislative  Department. 

Mr.  Shields  olTered  the  following  resolution: 

Resolved,  That  the  Committee  on  Legislative  Department  be  in- 
structed to  inquire  into  the  propriety  of  changing  the  Constitution  so  as 
to  provide  for  biennial  sessions  of  the  General  Assembly  and  prohibiting 
adjourned  sessions  and  also  to  fi.\  the  annual  salary  for  the  members  as 
compensation  instead  of  per  diem  and  mileage  as  now  provided. 

72]  which  was  read  and  on  motion  referred  to  the  Commit- 
tee on  Legislative  Department. 

Mr.  Shields  offered  the  following  resolution: 

WAR  CLAIMS,  WHEN  TO  BE  PAID 

Resolved,  That  the  following  provisions  shall  be  incorporated  in 
the  proposed  Constitution: 

Section .  The  General  Assembly  shall  make  no  appropria- 
tion or  pay  any  claim  for  services  or  supplies  or  any  other  thing  growing 
out  of  the  war  and  known  as  "War  Claims"  until  the  United  States  Gov- 
ernment shall  have  allowed  such  claims  and  paid  the  money  therefor 
into  the  treasury  of  the  state. 

which  was  read  and  on  motion  referred  to  the  Committee  on 
Miscellaneous  Provisions. 

Mr.  Spaunhorst  offered  the  following  resolution: 

Resolved,  That  one  hundred  copies  of  all  propositions  amending  the 
Constitution  be  ordered  printed  upon  being  read  and  referred,  and  that 
the  adoption  of  this  resolution  shall  apply  to  all  such  propositions  now 
in  possession  of  the  Secretary. 

which  was  read. 

Mr.  Shields  offered  the  following  amendment: 

Amend  by  striking  out  all  after  the  word  "Resolved"  and  insert  "all 
resolutions  and  matters  when  reported  favorably  by  the  standing 
committees  shall  be  printed  for  the  use  of  the  Convention  and  in  all  such 
cases  not  more  than  one  hundred  copies  shall  be  printed  unless  otherwise 
ordered  by  the  Convention." 

which  was  read. 


CONSTITUTIONAL  CONVENTION,   1875       177 


Mr.  Sbanklin  moved  to  lay  the  resolution  on  the  table, 
upon  which  Mr.  Halliburton  demanded  the  ayes  and  noes. 

The  motion  to  lay  on  the  table  was  not  agreed  to  by  the 
following  vote: 

AYES 


Allen 

Dysart 

Lay 

Norton 

Shackelford 

Black 

Edwards 

Letcher 

Pipkin 

Shanklin 

Boone 

of  Iron 

Massey 

Ray 

Wagner 

Bradfield 

Eitzen 

Maxey 

Roberts 

Wat  kins 

Carleton 

Farris 

McAfee 

Ross 

Mr.  President 

Cottey 

Gantt 

McKee 

of  Morgan 

29 

Crews 

Hale 

NOES 

Alexander 

Edwards 

Holliday 

Nickerson 

Shields 

Chrisman 

of  St.  Louis 

Hyer 

Priest 

Spaunhorst 

Conway- 

Fyan 

Johnston 

Rider 

Switzler 

Crockett 

Gottschalk 

Lackland 

Rippey 

Taylor 

Davis 

Halliburton 

Mabrey 

Ross 

of  Jasper 

Dryden 

Hammond 

McCabe 

of  Polk 

Todd 

Hardin 

Mortell 
SICK 

Rueker 

Wallace        31 

73] 

Broadhead 

Brockmeyer 

Mudd 
ABSENT 

3 

Adams 

McKillop 

2 

ABSENT  WITH  LEAVE 

Pulitzer 

Taylor 

of  St.  Louis  2 

The  question  recurring  on  agreeing  to  the  amendment 
offered  by  Mr.   Shields,   the   amend mxcnt   was  agreed  to. 

The  question  recurring  on  the  adoption  of  the  resolu- 
tion as  amended,  Mr.  Letcher  demanded  the  ayes  and  noes. 
The  resolution  as  amended  was  adopted  by  the  following 
vote: 

AYES 


Allen 

Crockett 

Fyan 

Mabrey 

Priest 

Alexander 

Dryden 

Gantt 

Maxey 

Rider 

Black 

Edwards 

Gottschalk 

McCabe 

Rippey 

Carleton 

of  Iron 

Hardin 

Mortell 

Roberts 

Chrisman 

Edwards 

Hyer 

Nickerson 

Ross 

Conway 

of  St.  Louis 

Johnston 

Norton 

of  Pol]< 

178 


JOURNAL  OF  THE  MISSOURI 


Rueker 

Shields 

Taylor 

Todd 

Watkins       34 

Shackelford 

Switzler 

of  Jasper 
NOES 

Boone 

Eitzen 

Lackland 

Pipkin 

Spaunhorst 

Bradfleld 

Farris 

Lay 

Ray 

Wagner 

Cottey 

Hale 

Letcher 

Ross 

Wallace 

Crews 

Halliburton 

Massey 

of  Morgan 

Mr.  President 

Davis 

Hammond 

McAfee 

Shanklin 

26 

Dysart 

Holliday 

McKee 
SICK 

Broadhead 

Brockmeyer 

Mudd 

3 

ABSENT  WITH  LEAVE 

Pulitzer 

Taylor 
of  St.  Louis 

2 

ABSENT 
Adams  McKillop  2 

Mr.  Rider  offered  the  following  amendment  to  the  rules 
of  the  Convention: 

Resolved,  That  until  further  ordered  the  regular  sessions  of  this  Con- 
vention shall  be  from  nine  o'clock  a.  m.  to  12  o'clock  m. 

which  was  read. 

Mr.  Spaunhorst  offered  the  following  amendment: 
Amend  by  striking  out  "12  o'clock  m." 

which  was  read  and  accepted. 

Mr.  Boone  moved  to  lay  the  resolution  on  the  table, 
which  was  agreed  to. 

Mr.  Edwards  of  St.  Louis  offered  the  following  resolu- 
tion: 

Resolved,  That  the  Committee  on  Printing  be  requested  to  have 
printed  one  hundred  copies  containing  a  full  list  of  all  standing  commit- 
tees and  the  names  of  the  members  of  each  of  said  committees  for  the 
use  of  the  Convention. 

which  was  read  and  adopted. 

Mr.  Gottschalk  offered  the  following  resolution: 

Resolved,  That  the  following  proposition  be  inserted  into  the  Con- 
stitution: That  no  charter  or  any  law  granting  privileges  or  rights  to 
any  person  or  body  corporate  shall  be  deemed  to  be  constructed  as  a 


CONSTITUTIONAL  CONVENTION,   1875       179 

contract  between  the  State  and  such  person  or  body  corporate  but  that 
such  charter  or  any  such  law  shall  be  deemed  to  be  and  be  construed  as  a 
franchise  or  privilege  granted  by  the  State  and  subject  to  amendment, 
74]  alteration  or  appeal  by  the  State. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Banks  and  Corporations. 

Mr.  Dryden  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Revenue  and  Taxation  are  hereby 
instructed  to  inquire  into  the  expediency  of  incorporating  into  the  Con- 
stitution a  provision  in  substance  as  follows:  The  right  of  redemption 
from  all  sales  of  real  estate  for  the  nonpayment  of  taxes  or  special  assess- 
ments of  any  character  whatever  shall  exist  in  favor  of  owners  and  per- 
sons interested  in  such  real  estate  for  a  period  of  not  less  than  two  years 
from  such  sales  thereof,  and  the  General  Assembly  shall  provide  by  law 
for  reasonable  notice  to  be  given  to  owners  or  persons  interested  in  such 
real  estate  by  publication  or  otherwise  of  the  fact  of  such  sale  and  when 
the  time  of  such  redemption  shall  expire,  provided  that  occupants  shall 
in  all  eases  before  have  personal  notice  of  the  time  when  such  redemption 
expires. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Revenue  and  Taxation. 

Mr.  Conway  offered  the  following  resolution: 

Resolved,  That  the  reverend  clergymen  resident  in  this  city  be  and 
they  are  hereby  respectfully  invited  to  open  the  morning  session  of  this 
Convention  with  prayer  and  that  said  clergymen  are  requested  to  arrange 
among  themselves  the  order  in  which  they  may  comply  with  this  invi- 
tation, provided,  that  this  request  is  understood  as  in  no  way  or  degree 
pledging  this  Convention  to  compensate  such  clergymen  for  such  services. 

Resolved,  That  the  Secretary  bo  directed  to  give  notice  of  this  re- 
quest in  the  morning  papers  of  this  city. 

which  was  read  and  on  motion  of  Mr.  Priest  adopted. 
Mr.  McAfee  offered  the  following  resolution: 

Resolved,  That  on  and  after  Saturday  next  it  shall  not  be  in  order 
to  offer  for  reference  any  resolution  or  proposition  for  changing  or  amend- 
ing the  Constitution  or  for  purpose  of  inquiring  into  the  expediency  of 
making  such  changes  or  amendments.  But  that  on  and  after  that  date 
members  may  hand  to  the  chairmen  of  committees  their  individual  sug- 
gestions which  shall  be  laid  before  and  considered  by  such  committee 
with  like  effect  as  if  introduced  and  referred.  Provided,  that  this  resolu- 
tion shall  not  be  construed  to  apply  to  or  in  any  way  effect  proceedings 
in  Committee  of  the  Whole. 

which  was  read  and  not  adopted. 


180  JOURNAL  OF  THE  MISSOURI 

Mr.  Halliburton  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Representation  be  and  it  is  hereby 
75]  requested  to  inquire  into  the  expediency  and  propriety  of  incorpor- 
ating the  following  provision  in  the  Constitution  as  the  basis  of  repre- 
sentation in  the  lower  branch  of  the  General  Assembly: 

The  House  of  Representatives  shall  consist  of  members  to  be  chosen 
every  second  year  by  the  qualified  electors  of  the  several  counties  ap- 
portioned in  the  following  manner,  to  wit:  The  ratio  of  Representation 
shall  be  ascertained  by  each  apportioning  session  of  the  Legislature  by 
dividing  the  whole  number  of  permanent  inhabitants  of  the  State  by  the 
number  of  two  hundred.  Each  county  having  said  ratio  or  less  shall 
be  entitled  to  one  Representative,  each  county  having  two  and  one-half 
times  said  ratio  shall  be  entitled  to  two  Representatives,  each  county 
having  five  times  said  ration  shall  be  entitled  to  three  Repre- 
sentatives, each  county  having  six  times  said  ratio  shall  be  entitled  to 
four  Representatives  and  so  on  above  that  number,  giving  one  additional 
member  for  every  three  additional  ratios.  When  any  county  shall  be 
entitled  to  more  than  one  Representative  the  county  court  shall  cause 
such  county  to  be  subdivided  into  as  many  compact  and  convenient  dis- 
tricts as  such  county  may  be  entitled  to  Representatives,  which  districts 
shall  be  as  near  as  may  be  of  equal  population  and  the  qualified  voters 
of  each  of  such  districts  shall  elect  one  Representative  who  shall  be  a 
resident  of  such  district. 

which  was  read,  rules  suspended,  considered,  read  the  second 
time  and  referred  to  the  Committee  on  Representation, 
Representative  and  Senatorial  Districts. 

Mr.  Hale  offered  the  following  resolution: 

Resolved,  That  it  is  the  sense  of  this  Convention  that  each  county 
in  this  State  with  a  population  of  five  thousand  and  upwards  is  and  shall 
be  entitled  to  at  least  one  Representative  in  the  most  numerous  branch  of 
the  General  Assembly,  the  population  to  be  ascertained  by  an  enumera- 
tion of  the  inhabitants  to  be  made  under  authority  of  the  State,  and  that 
the  Committee  on  Representation  and  Legislative  Districts  be  and 
is  hereby  instructed  to  report  a  provision  to  be  inserted  in  the  Consti- 
tution to  that  effect  and  for  carrying  said  provision  into  effect  by  appro- 
priate legislation.  Provided,  that  the  reference  of  this  resolution  is  not  to 
be  considered  as  the  adoption  by  the  Convention  of  the  principles  stated 
in  said  resolution. 

which  was  read  and    on  motion  the  Convention  referred  it 
to  the  Commiittee  on  Representation,    Representative    and 
Senatorial  Districts. 

Mr.   Mortell  offered  the  following  amendment  to  the 
rules  of  the  Convention: 


CONSTITUTIONAL  CONVENTION,   1875       181 

Resolved,  That  so  much  of  rule  eighteen  requiring  members  to  read 
propositions  from  their  desks  be  and  is  hereby  rescinded. 

which  was  read  and  laid  over  under  the  rules. 

Mr.  Johnston  of  Nodaway  offered  the  following  resolu- 
tion: 

Resolved,  That  the  Committee  on  Boundaries  and  Political  Subdi- 
visions be  instructed  to  take  into  consideration  the  propriety  of  incor- 
76]  porating  in  their  report  the  following  provisions,  to  wit:  That  no 
county  in  this  State  shall  for  the  purpose  of  creating  a  new  county  be  re- 
duced in  its  territorial  limits  to  less  then  five  hundred  square  miles  nor 
shall  a  county  be  divided  for  the  purpose  of  creating  a  new  county  so  that 
the  boundary  line  thereof  shall  pass  within  less  than  ten  miles  of  the 
county  seat  of  the  county  so  divided  nor  shall  any  new  county  be  created 
or  organized  in  this  State  out  of  territory  taken  from  other  counties  of 
less  territorial  limits  than  four  hundred  square  miles  nor  having  less  pop- 
ulation at  the  time  of  its  organization  than  eight  thousand  inhabitants. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Boundaries  and  Political  Subdivisions. 

Mr.  Maxey  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Representation,  Representative 
and  Senatorial  Districts  be  requested  to  inquire  into  the  expediency  of 
adopting  in  substance  the  first,  second,  third,  fourth,  fifth  and  sixth  Sec- 
tions of  Article  IV  of  the  present  Constitution  of  this  State  and  partic- 
ularly that  portion  of  Section  two  that  entitles  each  county  in  this 
State  to  at  least  one  Representative. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Representation,  Representative  and  Senatorial  Districts. 
Mr.  Wallace  offered  the  following  resolution: 

Resolved.  That  the  Committee  on  Miscellaneous  Provisions  of  the 
Constitution  be  requested  to  consider  the  expediency  of  reporting  amend- 
ments to  the  Constitution  which  shall  prohibit  the  State  or  any  county, 
township,  city,  town  or  other  municipal  corporation  from  loaning  their 
credit  to  and  from  subscribing  for  or  taking  any  stock  in  and  from  making 
any  donations  to  any  railroad  company  or  association  or  to  any  private 
corporation  whatever. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Miscellaneous  Provisions  of  the  Constitution. 
Mr.  Dysart  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Representation,  Representative 
and  Senatorial  Districts  be  instructed  to  consider  the  propriety  of  in- 
corporating into  the  Constitution  provisions  limiting  the  number  of 
Senators  in  the  General  Assembly  to  twenty  and  the  number  of  Repre- 


182  JOURNAL  OF  THE  MISSOURI 

sentatives  to  sixty,  also  to  consider  the  propriety  of  dividing  the  State 
electoral  districts  with  a  view  to  such  representation. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Representation,  Representative  and  Senatorial  Districts. 
On  motion  of  Mr.  Priest  the  Convention  adjourned  until 
tomorrow,  9  o'clock  a.  m. 


77]    WEDNESDAY,  MAY  12,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  the  reverend  Mr.  Keady. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Pulitzer  offered  the  following  resolution: 

Resolved,  That  the  regular  standing  committee  consisting  of  nine 
members  to  be  called  "Committee  on  Federal  Relations"  be  appointed 
by  the  President  to  take  into  most  careful  consideration  the  relations 
of  the  State  with  the  Federal  Government  and  all  propositions  exclusively 
concerning  the  same. 

which  Vv^as  read. 

Mr.  McAfee  offered  the  following  amendment: 

Amend  by  striking  out  "nine"  and  insert  "one  from  each  congres- 
sional district." 

which  was  read  and  agreed  to. 

The  resolution  as  amended  was  adopted. 

Mr.  Switzler  from  the  Committee  on  Shorthand  Re- 
porter submitted  the  following  report: 

The  Committee  to  which  was  referred  the  proposition  of  Walbridge, 
Holland  and  Brown,  shorthand  reporters,  to  report  the  proceedings  and 
debates  of  the  Convention,  unanimously  instruct  me  to  say  to  the  Con- 
vention they  have  carefully  considered  the  same  and  are  in  favor  of  its 
adoption.  The  proposition  of  Walbridge,  Holland  and  Brown  is  as 
follows: 

Gentlemen  of  the  Convention: 

We  propose  to  make  a  verbatim  report  of  the  proceedings  of  the  Con- 
vention on  the  following  terms:  For  taking  the  shorthand  notes  of  the 
proceedings,  ten  dollars  per  daj' .     For  transcribing  the  shorthand  notes 


CONSTITUTIONAL  CONVENTION,   1875        183 

and  preparing  the  same  for  publication,  twenty  cents  per  hundred  words 
or  thirty  cents  per  legalcap  page.  A  full  report  of  each  day's  proceed- 
ings will  average  two  hundred  legalcap  pages.  Estimating  the  session 
at  fifty  days  this  would  make  ten  thousand  legalcap  pages  so  that  the 
cost  of  the  transcript  would  not  be  far  from  $3,000.  Should  it  be  deemed 
advisable  we  can  defer  writing  out  the  shorthand  notes  except  such  por- 
tions as  may  be  important  for  immediate  publication  in  the  newspapers 
until  the  Constitution  shall  have  been  submitted  to  a  vote  of  the  people. 
In  case  of  its  adoption  we  can  then  transcribe  the  notes  in  full  for  publica- 
tion in  book  form.  Should  such  action  be  considered  desirable,  the  ex- 
pense of  reporting  would  be  but  ten  dollars  per  day,  provided  the  notes 
were  not  written  over  for  publication. 
Respectfully, 

Walbridge,  Holland  and  Brown.' 

78]  Two  distinct  propositions  are  made  in  this  communication,  one 
to  take  in  shorthand  notes  a  verbatim  report  of  the  proceedings  and 
debates  of  the  Convention.  The  other  when  required  in  whole  or  in 
part  for  publication  in  newspapers  or  in  book  form  to  transcribe  them  in 
fairly  written  legible  printer's  copy  at  twenty  cents  per  hundred  words  or 
thirty  cents  per  legalcap  page.  It  is  also  agreed  and  understood  be- 
tween the  Committee  and  the  reporters  that  if  any  portion  of  the  pro- 
ceedings and  debates  are  transcribed  by  them  previous  to  the  oflScial 
publication  for  publication  in  any  newspaper,  no  charge  is  to  be  made 
against  the  State  under  this  contract  for  furnishing  a  transcript  of  the 
portions  thus  prepared.  Also,  that  no  responses  from  any  of  the  de- 
partments of  the  State  Government  or  from  other  sources  to  resolutions 
of  inquiry  of  the  CouA-ention,  letters,  petitions,  memorials  or  remon- 
strances or  other  matter,  copies  of  which  are  printed  by  order  of  the  Con- 
vention, shall  be  included  in  the  charge  of  the  reporters  for  transcript. 
As  none  of  these  need  be  reported  in  shorthand,  copies  of  them  if  published 
shall  be  furnished  by  them  without  charge.  The  Committee  unani- 
mously recommend  the  adoption  of  the  following  resolution: 

Resolved,  That  the  proposition  of  Walbridge,  Holland  and  Brown, 
shorthand  reporters,  as  set  forth  and  explained  in  this  report  to  take 
in  shorthand,  verbatim  reports  of  the  proceedings  and  debates  of  the  Con- 
vention and  to  transcribe  them  when  ordered  to  be  printed  by  this  body 
or  by  the  Legislature,  be  and  the  same  are  hereby  accepted. 

Gentlemen  of  the  Convention: 

We  propose  to  make  a  verbatim  report  of  the  proceedings  of  the 
Convention  on  the  following  terms:  For  taking  the  shorthand  notes  of 
the  proceedings,  ten  dollars  per  day.  For  transcribing  the  shorthand 
notes  and  preparing  the  same  for  publication  twenty  cents  per  one  hun- 
dred words  or  thirty  cents  per  legalcap  page.  A  full  report  of  each  day's 
proceedings  will  average  two  hundred  legalcap  pages.  Estimating 
the  session  at  fifty  days  this  would  make  ten  thousand  legalcap  pages  so 
that  the  cost  of  the  transcript  would  not  be  far  from  S3, 000. 00.  Should 
it  be  deemed  advisable  we  can  defer  writing  out  the  shorthand  notes  ex- 


184 


JOURNAL  OF  THE  MISSOURI 


cept  such  portions  as  may  be  important  for  immediate  publication  in 
the  newspapers  until  the  Constitution  shall  have  been  submitted  to  a 
vote  of  the  people.  In  case  of  its  adoption  we  can  then  transcribe  the 
notes  in  full  for  publication  in  book  form  should  such  action  be  eon- 
79]  sidered  desirable.  The  expense  of  reporting  would  be  but  ten  dol- 
lars per  day  provided  the  notes  are  not  written  out  for  publication. 

Respectfully, 

Walbridge,  Holland  and  Brown, 
which  was  read. 

The  question  being  upon  the  adoption  of  the  report, 
Messrs.  Massey  and  Hyer  demanded  the  ayes  and  noes. 

Mr.  Wagner  moved  the  previous  question,  which  mo- 
tion was  sustained. 

The  resolution  was  adopted  by  the  following  vote: 


Adams 

Crockett 

Hale 

Nickerson 

Shackelford 

Allen 

Davis 

Halliburton 

Norton 

Shanklin 

Alexander 

Dysart 

Hammond 

Pipkin 

Shields 

Black 

Edwards 

Hardin 

Pulitzer 

Switzler 

Boone 

of  Iron 

Johnston 

Rider 

Taylor 

Bradfield 

Edwards 

Lay 

Rippey 

of  Jasper 

Brockmeyer 

of  St.  Louis 

Letcher 

Roberts 

Todd 

Carleton 

Eitzen 

Maxey 

Ross 

Wagner 

Chrisman 

Farris 

McAfee 

of  Morgan 

Wallace 

Conway 

Fyan 

McCabe 

Ross 

Watkins 

Cottey 

Gantt 

McKee 

of  Polk 

Mr.  President 

Crews 

Gottschalk 

Mortell 
NOES 

Rucker 

54 

Holliday 

Lackland 

Massey 

Priest 

Spaunhorst    6 

Hyer 

ABSENT 

Broadhead 

Mabrey 

McKillop 

Ray 

4 

ABSENT  WITH  LEAVE 

Dryden 

Mudd 

Taylor 
of  St.  Louis 

3 

Mr.  Switzler  moved  to  reconsider  that  vote  by  which  the 
resolution  passed  and  to  lay  his  motion  to  reconsider  on  the 
table,  which  was  agreed  to. 

Mr.  Edwards  of  St.  Louis  offered  the  following  resolu- 
tion: 

Resolved,  That  a  committee  be  added  to  the  standing  committees  of 
the  Convention  to  be  known  as  the  Committee  of  the  St.  Louis  Delega- 


CONSTITUTIONAL  CONVENTION,   1875       185 

tion  to  consist  of  the  members  from  St.  Louis  county  whose  duties  it 
shall  be  to  take  into  consideration  what  if  any  special  provisions  are  nec- 
essary in  the  organic  law  to  secure  the  interest  of  local  government  in  the 
city  and  county  of  St.  Louis. 

which  was  read. 

Mr.  Letcher  asked  leave  of  absence  for  Mr.  Dryden, 
which  was  granted. 

Mr.  Shields  offered  the  following  amendment  to  the 
resolution  offered  by  Mr.  Edwards  of  St.  Louis: 

Resolved,  That  there  be  added  to  the  standing  committees  a  com- 
mittee composed  of  the  St.  Louis  members  v/hieh  shall  elect  its  own  chair- 
man and  be  known  as  the  Committee  on  St.  Louis  Affairs  which  shall  take 
into  consideration  all  matters  that  may  be  introduced  into  this  Conven- 
tion which  have  specific  reference  to  the  organization  and  government 
of  the  county  and  city  of  St.  Louis  and  none  other. 

which  was  read  and  agreed  to. 

80]         The  question  then  recurring  upon  the  adoption  of 
the  original  resolution  as  amended,  the  same  was  adopted. 
Mr.  Boone  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Judiciary  is  instructed  to  inquire 
into  the  expediency  of  amendments  to  the  Constitution  substantially 
as  follows: 

1.  The  judicial  powers  of  the  State  shall  bo  vested  in  a  Supreme 
Court,  in  circuit  courts  and  such  inferior  tribunals  as  the  General  Assem- 
bly may  from  time  to  time  establish. 

2.  The  Supreme  Court  shall  consist  of  three  judges  any  two  of  whom 
shall  be  a  quorum  and  the  said  judges  shall  be  conservators  of  the  peace 
throughout  the  State. 

3.  The  Supreme  Court,  except  in  eases  otherwise  directed  by  this 
Constitution,  shall  have  appellate  jurisdiction  in  civil  actions  only  when 
the  amount  in  controversy  exceeds  the  sum  of  five  hundred  dollars. 

4.  The  Governor  shall  nominate  and  by  and  with  the  advice  and 
consent  of  the  Senate  appoint  the  judges  of  the  Supreme  and  circuit  courts 
each  of  whom  shall  hold  his  office  during  good  behavior,  provided,  no  such 
judge  shall  be  competent  to  fill  such  office  who  has  not  attained  to  the 
age  of  thirty-five  or  who  is  above  the  age  of  seventy-five. 

which  was  read  and  referred  to  Committee  on  Judicial  De- 
partm.ent. 

Mr.  Boone  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Education  is  instructed  to  inquire 
into  the  expediency  of  so  amending  the  Constitution  as  to  require: 

1.  That  in  case  the  public  school  fund  shall  be  insufficient  to  sustain 
a  free  school  four  months  in  every  j'ear  in  each  school  district  in  this 


186  JOURNAL  OF  THE  MISSOURI 

state,  the  General  Assembly  shall  provide  by  law  for  raising  of  such  de- 
ficiency by  levying  a  State  tax  on  all  taxable  property  in  this  State. 

2.  The  General  Assembly  shall  have  power  to  require  by  law  that 
every  child  of  sufficient  mental  and  physical  ability  shall  attend  the  pub- 
lic schools  during  the  period  between  the  ages  of  eight  and  sixteen  years 
at  least  three  months  during  each  year  unless  educated  by  other  means. 

3.  That  the  public  school  fund  shall  be  invested  in  the  bonds  of  this 
State. 

which  was  read  and  referred  to  the  Committee  on  Education. 
Mr.  Todd  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Education  be  instructed  to  in- 
81]  quire  into  the  expediency  of  reporting  the  following  as  amendments 
to  the  Constitution: 

All  monej's  for  educational  purposes  shall  be  exclusively  devoted  to 
the  support  of  free  public  schools  and  the  State  University  with  its  present 
departments.  That  the  only  knowledge  that  shall  be  taught  in  the  pub- 
lic schools  at  the  expense  of  the  State  shall  be  that  of  reading,  writing 
and  spelling  the  English  language;  of  grammar,  arithmetic,  geography 
and  the  history  of  the  United  States;  that  for  exercises  in  and  of  reading 
such  books  should  be  used,  so  far  as  obtainable  and  under  the  selection 
of  the  Board  of  Education,  as  will,  in  the  simplest  and  most  attractive 
manner,  teach  the  habits  of  health  and  thrift. 

That  all  persons  instructed  in  teaching  in  the  State  University  shall 
be  obliged  when  they  leave  the  University  to  teach  in  some  of  the  public 
schools  when  and  where  the  Superintendent  of  Public  Schools  shall  direct, 
for  at  least  two  public  school  years  at  the  usual  salary  for  such  services. 

That  the  General  Assembly  shall  enforce  the  foregoing  propositions 
by  appropriate  legislation. 

which  was  read  and  on  motion  referred  to  the  Committee  on 
Education. 

Mr.  Carleton  offered  the  following  resolution: 

ELECTION  OF  STATE,  COUNTY  AND  TOWNSHIP  OFFICERS 

Resolved,  That  the  Committee  on  Elections  take  into  consideration 
the  expediency  of  incorporating  into  the  Constitution  a  provision  sub- 
stantially and  in  effect  as  follows:  All  elections  for  State  officers,  judges 
of  the  circuit  court  and  probate  courts,  all  county  officers  made  elective 
by  the  laws  of  the  State,  circuit  and  px'osecuting  attorney,  justice  of  the 
peace,  constable  and  all  other  township  officers,  shall  be  hgld  on  the  same 
day  throughout  the  State  and  that  all  such  elections  shall  be  by  ballot 
and  continue  for  one  day  only. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Elections  and  Electors. 

Mr.  Davis  offered  the  following  resolution: 


CONSTITUTIONAL  CONVENTION,   1875        187 

Resolved,  That  the  Committee  on  Education  take  into  consideration 
the  expediency  of  reporting  the  following  amendments: 

1.  The  General  Assembly  shall  provide  for  the  maintenance  and 
support  of  a  thorough  and  efficient  system  of  public  schools  wherein  all 
the  children  of  the  State  above  the  age  of  six  years  may  be  educated. 

2.  No  money  raised  for  the  support  of  the  public  schools  of  the 
State  shall  be  appropriated  to  or  used  for  the  support  of  any  sectarian 
school  or  any  school  not  supported  by  taxation. 

3.  The  General  Assembly  shall  provide  for  the  efficient  mainte- 
82]  nance  of  the  normal  schools  of  this  State  and  to  this  end  shall  make 
ample  appropriations  for  their  support,  which  appropriations  shall  be 
annually  divided  among  said  schools  fairly  and  impartially. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Education. 

Mr.  Nickerson  offered  the  following  resolution: 

TO  SEPARATE  THE  TRIAL  OF  CRIMINAL  FROM  CIVIL  CASES 

Resolved,  That  the  Committee  on  Judiciary  be  instructed  to  in- 
quire into  the  expediency  of  inserting  a  provision  in  the  Constitution 
substantially  as  follows:  In  all  counties  containing  a  population  of 
20,000  inhabitants  separate  terms  of  circuit  court  shall  be  held  for  the 
trial  of  criminal  cases. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Boundaries  and  Political  Subdivisions. 

Mr.  Cottey  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Printing  and  Binding  be  instructed 
to  inquire  into  the  propriety  of  having  the  shorthand  reports  of  Messrs. 
Walbridge,  Holland  and  Brown,  written  out  and  published  daily  in  a 
manner  suitable  to  be  bound  in  book  form  and  that  each  member  be 
furnished  each  day  with number  of  copies. 

Secondly,  That  the  Committee  ascertain  the  least  possible  cost  of 
transcribing  and  publishing  the  same  per  hundred  copies. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Printing  and  Binding. 

Mr.  Norton  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Legislative  Department  be  re- 
quested to  inquire  into  the  expediency'  of  providing  in  the  Constitution 
that  the  system  of  county  governments  shall  be  uniform  throughout  the 
State. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Legislative  Department. 


188  JOURNAL  OF  THE  MISSOURI 

Mr.  Brockmeyer  ofTered  the  following  resolution: 

A  Resolution  of  instruotion  to  the  Committee  on  Education:  Be  it 
resolved  by  this  Convention,  That  the  Committee  on  Education  be  and 
it  is  hereby  instructed  to  inquire  what  if  any  provision  can  be  made 
in  the  revised  Constitution  to  protect  the  local  school  funds  from  further 
wants  or  misapplication. 

which  v/as  read  and  on  motion  referred  to  the  Committee 
on  Education. 

Mr.  Hardin  offered  the  following  resolution: 

83]  Resolved,  That  the  Committee  on  Executive  Department  is 
hereby  instructed  to  inquire  into  the  expediency  of  so  amending  the 
Constitution  as  to  require  the  vote  of  two-thirds  of  all  the  members  elected 
to  the  General  Assembly  to  pass  a  bill  over  the  veto  of  the  Governor. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Executive  Department. 

Mr.  Shanklin  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Preamble  and  Bill  of  Rights  be 
requested  to  inquire  into  the  propriety  of  adopting  a  provision  in  the  Bill 
of  Rights  substantially  as  follows:  No  special  privileges  or  immunities 
shall  ever  be  granted  that  may  not  be  altered,  revoked  or  repealed  by  the 
General  Assembly. 

which  was  read  and  on  motion  referred  to  Committee  on 
Preamble  and  Bill  of  Rights. 

Mr.  Shanklin  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Judicial  Department  be  requested 
to  inquire  into  the  expediency  of  providing  in  the  Constitution  for  a 
system  of  probate  courts  which  shall  be  uniform  throughout  the  State. 

which  was  read  and  on  motion  referred  to  the  Com.mittee 
on  Judicial  Department. 

Mr.  Eitzen  offered  the  following  resolution: 

Resolved,  That  no  homestead  in  the  county  shall  include  more  than 
eighty  acres  of  land  or  exceed  the  total  value  of  one  thousand  dollars  and 
that  in  cities  no  homestead  shall  exceed  the  total  value  of  fifteen  hundred 
dollars. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Miscellaneous  Provisions. 

Mr.  Lay  ofTered  the  following  resolution: 

Resolved,  That  the  Committee  on  Miscellaneous  Provisions  inquire 
into  the  propriety  of  amending  Section  eight  of  the  Miscellaneous  Pro- 


CONSTITUTIONAL  CONVENTION,   1875       189 

visions  of  the  Constitution  of  this  State  so  that  it  shall  read  in  substance 
as  follows: 

Section  8.  In  the  absence  of  any  contrary  provision  all  officers  now 
or  hereafter  elected  or  appointed  shall  hold  office  during  their  official 
term  and  until  their  successors  shall  be  duly  elected  or  appointed  and 
qualified.  Provided,  hoivever,  any  person  may  resign  any  office  by  him 
held  and  after  tendering  his  resignation  he  shall  not  be  allowed  thereafter 
to  enjoy  any  of  the  emoluments  nor  be  compelled  to  discharge  any  of  the 
duties  of  such  office. 

which  was  read  and  referred  to  the   Committee  on  Mis- 
cellaneous Provisions. 

Mr.  Lay  offered  the  following  resolution: 

84]  Resolved,  That  the  Committee  on  Representation  and  Repre- 
sentative and  Senatorial  Districts  inquire  as  to  the  propriety  of  providing 
such  laws  of  representation  in  the  Constitution  to  be  formed  by  this  Con- 
vention as  will  insure  to  each  county  in  this  State  as  at  present  constituted 
and  without  regard  to  population,  at  least  one  Representative  in  the  lower 
branch  of  the  General  Assembly. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Representation,  Representative  and  Senatorial  Districts. 
Mr.  McCabe  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Miscellaneous  Provisions  of  the 
Constitution  be  instructed  to  inquire  into  the  propriety  of  reporting  a 
provision  in  the  Constitution,  in  substance  as  follows,  making  it  the  duty 
of  the  General  Assembly  to  pass  such  laws  as  may  be  necessary  for  the 
protection  of  operative  miners  by  providing  for  ventilation  when  the  same 
may  be  requested,  in  the  construction  of  escapement  shafts  or  such  other 
appliances  or  contrivances  as  may  secure  safety  in  all  coal,  lead,  and  other 
mines  and  to  provide  for  the  enforcement  of  said  laws  by  such  pains, 
penalties  and  punishments  as  may  be  deemed  proper. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Miscellaneous  Provisions. 

Mr.  Hale  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Representative  and  Senatorial 
Districts  be  instructed  to  inquire  into  the  expediency  of  so  fixing  the 
basis  of  representation  as  to  give  each  county  in  the  State  having  a  pop- 
ulation of  five  thousand  and  upwards,  to  be  ascertained  by  a  census  to 
be  taken  under  authority  of  the  State,  at  least  one  Representative  in  the 
most  numerous  branch  of  the  General  Assembly. 

which  was  read  and  on  motion  referred  to  the  Committee  on 
Representation,  Representative  and  Senatorial  Districts. 


190  JOURNAL  OF  THE  MISSOURI 

Mr.  Hale  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Education  be  instructed  to  inquire 
into  the  expediency  of  inserting  a  provision  in  the  Constitution  requiring 
the  schools  for  the  education  of  the  white  and  colored  children  of  the  State 
to  be  at  all  times  kept  separate. 

which  was  read  and  referred  to  the  Committee  on  Education. 
Mr.  Shields  offered  the  following  resolution: 

SALE  OF  RAILROADS'  CLAIM  FOR  DAMAGES 

Resolved,  That  the  following  provisions  be  incorporated  into  the 
85]  proposed  new  Constitution: 

Section .     That  the  sale  of  the  railroads  under  the  ordinances 

of  the  State  Convention  of  1865,  and  the  laws  of  the  State  passed  in  pur- 
suance thereof,  shall  never  be  disturbed  or  interfered  with  by  the  General 
Assembly  nor  shall  the  General  Assembly  ever  allow  any  claim  for  loss  or 
damages  growing  out  of  the  seizure  and  sale  of  said  railroads  by  the  State 
nor  appropriate  any  money  to  pay  such  claim. 

which  w^as  read  and  on  motion  referred  to  the  Committee 
on  Miscellaneous  Provisions. 

Mr.  Pulitzer  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  St.  Louis  Affairs  be  instructed 
to  report  upon  the  expediency  of  a  provision  in  the  Constitution  sub- 
stantially as  follows:  The  fees,  salaries,  perquisites  or  emoluments  of 
no  officer  in  the  State,  be  it  city,  county,  municipal  or  State  office,  shall 
exceed  the  sum  of  ten  thousand  dollars  per  annum.  All  parts  of  law  under 
which  such  profits  or  income  of  an  office  exceed  said  amount  shall  be  null 
and  void  and  the  next  Legislature  shall  conform  to  the  provision  of  the 
existing  laws  to  the  above  provision. 

which  was  read  and  on  m.otion  referred  to  the  Committee 
on  Miscellaneous  Provisions. 

Mr.  Gottschalk  offered  the  following  resolution: 

Resolved,  That  the  following  or  some  other  similar  proposition  be 
inserted  into  the  Constitution:  The  General  Assembly  shall  provide  by 
law  for  a  just  compensation  of  all  officers  or  employes  whose  office  or  em- 
ployments may  have  been  or  may  hereafter  be  created  by  law,  either 
by  salary  or  fees  or  both,  which  shall  not  be  increased  or  diminished  during 
the  official  term  of  such  officers  or  employes  nor  after  his  election  or  ap- 
pointment, and  in  case  such  officer  or  employe  shall  be  entitled  to  re- 
ceive fees,  such  law  shall  provide  the  amount  of  such  fees  which  such  of- 
ficer or  employe  shall  be  entitled  to  retain  for  his  own  use  after  the  pay- 
ment of  the  necessary  assistants  or  deputies  and  other  expenses  of  his 
office  and  the  surplus  of  fees  over  such  amount  shall  be  paid  by  State  of- 
ficers into  the  State  treasury,  and  if  by  county  or  municipal  officers  or 


CONSTITUTIONAL  CONVENTION,   1875       191 

employes  into  their  respective  countj'  or  municipal  treasuries,  and  the 
same"  rule  of  action  in  the  appointment  or  providing  for  the  election  of 
county  or  municipal  officers  shall  govern  the  respective  authorities. 
Each  State  officer  raising  fees  shall  report  to  the  State  Auditor  and  each 
county  or  municipal  officer  to  his  respective  county  or  municipality  the 
amount  of  fees  received  in  his  office.  Such  report  shall  be  under  oath  and 
86]  be  made  semiannually  and  shall  fully  state  the  amounts  received  as 
fees,  from  what  source  the  expenses  had  and  for  what  increased,  the 
number  and  compensation  of  the  assistants  or  deputies  of  such  officers, 
which  number  and  compensation  as  well  as  the  payment  of  expenses 
shall  also  be  regulated  by  the  respective  authorities.  Any  failure  to 
make  such  report  when  due  or  any  false  report  shall  subject  such  officer  to 
removal  from  office  and  shall  be  deemed  a  misdemeanor. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Miscellaneous  Provisions. 

Mr.  Spaunhorst  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Legislation  be  and  is  hereby  re- 
quested to  inquire  into  the  expediency  of  reporting  a  provision  in  the 
Constitution  by  which  it  is  provided  that  no  person  holding  r.r.y  offiro  by 
election,  appointment  or  otherwise  shall  be  eligible  to  a  seat  in  the  Gen- 
eral Assembly,  excepting  onlj'^  notaries  public,  and  that  no  person  shall 
hold  two  positions  elective  or  appointed  at  the  same  time,  such  to  apply 
to  State,  county  and  municipality. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Legislative  Department. 

Mr.  Cottey  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Executive  and  Ministerial  Of- 
ficers of  County  and  Municipal  Government  be  instructed  to  inquire  into 
the  propriety  of  incorporating  into  the  Constitution  a  section  substan- 
tially as  follows:  The  compensation  of  all  countj^  officers  with  the 
amount  of  their  necessary  clerk  hire,  stationery,  fuel  and  other  expenses, 
and  in  all  cases  when  fees  are  provided  for,  shall  be  paid  only  out  of  and 
shall  in  no  instance  exceed  the  fees  actually  collected.  No  county  of- 
ficer shall  be  allowed  more  per  annum  than  $1,500  in  counties  containing 
20,000  and  not  exceeding  30,000  inhabitants;  $2,500  in  counties  contain- 
ing 30,000  and  not  exceeding  50,000  inhabitants;  $3,000  in  counties 
containing  50,000  and  not  exceeding  70,000  inhabitants;  $3,500  in 
counties  containing  70,000  and  not  exceeding  100,000  inhabitants,  and 
$4,000  in  counties  containing  over  100,000  and  not  exceeding  250,000 
inhabitants;  and  not  more  than  $1,000  additional  compensation  for  each 
additional  100,000  inhabitants.  Provided,  that  the  compensation  of  no 
officer  shall  be  increased  or  diminished  during  his  term  of  office.  All 
fees  or  allowances  by  them  received  in  excess  of  their  said  compensation 
shall  be  paid  into  the  county  treasury. 


192  JOURNAL  OF  THE  MISSOURI 

87]  which  was  read  and  on  motion  referred  to  the  Com- 
mittee on  Executive  and  Ministerial  Officers  of  County  and 
Municipal  Government. 

Mr.  Cottey  ofTered  the  following  resolution: 

Resolved,  That  a  committee  of  seven  be  appointed  to  be  styled  the 
Committee  on  Township  Organization  who  shall  report  what  changes  or 
amendments  are  necessary  to  the  Constitution  for  the  government  of 
those  counties  which  are  or  may  hereafter  be  under  township  organiza- 
tion. 

which  was  read  and  not  adopted. 

Mr.  Shanklin  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Legislative  Department  be  re- 
quested to  inquire  into  the  expediency  of  providing  a  provision  in  the 
Constitution  substantially  as  follows:  No  act  of  the  General  Assembly 
shall  take  effect  until  the  first  day  of  Julj^  next  after  its  passage  unless  in 
case  of  emergency  (which  emergency  shall  be  expressed  in  the  preamble 
or  body  of  the  act)  the  General  Assembly  shall  by  a  vote  of  two-thirds  of 
all  the  members  elected  to  each  house  otherwise  direct. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Legislative  Departm.ent. 

Mr.  Shanklin  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Legislative  Department  be  re- 
quested to  inquire  into  the  expediency  of  restoring  to  the  Constitution  a 
provision  substantially  as  follows:  No  person  who  now  is  or  who  here- 
after may  be  a  collector  or  holder  of  public  mone5%  nor  any  assistant  or 
deputy  of  a  collector  or  holder  of  public  money,  shall  be  eligible  to  either 
house  of  the  General  Assembly  nor  to  any  office  of  profit  or  trust  until  he 
shall  have  accounted  for  and  paid  all  sums  for  which  he  may  be  ac- 
countable. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Legislative  Department. 

Mr.  Boone  asked  leave  of  absence  for  Mr.  Ross  of  Mor- 
gan which  was  granted. 

Mr.  Pulitzer  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Boundaries  and  Political  Subdi- 
visions be  instructed  to  report  upon  the  expediencj'-  of  permitting  all 
municipalities  containing  a  population  of  an  hundred  thousand  and  more 
to  have  less  than  the  area  of  territory  at  present  prescribed  in  forming  a 
county  of  the  State. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Boundaries  and  Political  Subdivisions  of  the  State. 


CONSTITUTIONAL  CONVENTION,   1875       193 

Mr.  Maxey  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Judicial  Department  inquire  into 
the  expediency  of  amending  the  Constitution  so  as  to  provide  for  dividing 
the  State  into  eighteen  judicial  circuits  and  to  reduce  the  number  of  cir- 
cuit judges  from  twenty-nine  to  eighteen  and  to  establish  the  office  of 
circuit  attorney,  the  circuit  attorney  to  possess  the  same  qualifications 
88]  and  to  receive  the  same  salary  as  circuit  judge. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Judicial  Department. 

Mr.  Mortell  called  up  his  amendment  to  Rule  18  offered 
on  yesterday,  which  was  not  adopted. 

Mr.  Todd  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Miscellaneous  Provisions  be  in- 
structed to  inquire  into  the  expediency  of  reporting  the  following  as  an 
amendment  to  the  Constitution:  No  officer  of  any  kind  elected  shall 
have  or  enjoy  a  longer  term  of  office  than  that  of  his  office  existing  at  the 
time  of  his  election. 

which  was  read  and  referred  to  the  Committee  on  Miscel- 
laneous Provisions. 

Mr.  Wallace  offered  the  following  resolution: 

Resolved,  That  there  be  added  to  the  Committee  on  Miscellaneous 
Provisions  two  additional  members  to  be  appointed  by  the  President  so 
as  to  make  such  committee  consist  of  nine  members. 

which  was  read  and  adopted. 

On  motion  of  Mr.  Lay,  the  Convention  adjourned  until 
tomorrow  at  9  o'clock  a.  m. 


THURSDAY,  MAY  13,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  the  Rev.  Mr.  Barrett. 

On  motion  of  Mr.  Norton  the  reading  of  yesterday's 
journal  was  dispensed  with. 


194  JOURNAL  OF  THE  MISSOURI 

Mr.  Gantt,  from  the  Committee  on  Preamble  to  the 
Constitution  and  Bill  of  Rights,  submitted  the  following  re- 
port: 

We,  the  people  of  the  State  of  Missouri,  without  [with]  profound  rever- 
ence for  the  Supreme  RuleF  of  the  Universe  and  grateful  for  his  goodness, 
do  for  the  better  government  of  the  State,  establish  this  Constitution. 
In  order  to  assert  our  rights,  acknowledge  our  duties,  and  proclaim 
the  principles  on  which  our  government  is  founded  we  declare: 

1.  That  all  political  power  is  vested  in  the  people  of  the  State 
89]  with  those  limitations  only  which  are  imposed  on  them  by  the  Con- 
stitution of  the  United  States  and  that  the  government  hereby  estab- 
lished is  clothed  with  that  portion  of  the  political  power  thus  inherent 
in  the  people  which  is  defined,  ascertained  and  committed  to  some  de- 
partment thereof  by  this  instrument. 

2.  That  the  power  not  thus  defined,  ascertained  and  committed  to 
some  one  of  the  departments  of  the  government  hereby  established  are 
reserved  to  the  people  and  constitute  that  mass  of  governmental 
powers,  the  presence  or  absence  of  which  distinguishes  arbitrary  from 
limited  governments. 

3.  That  all  constitutional  government  is  intended  to  promote  the 
general  welfare  of  the  people;  that  all  persons  have  a  natural  right  to  life, 
liberty  and  the  enjoyment  of  the  gains  of  their  own  industry;  that  to  give 
security  to  these  things  is  the  principal  office  of  government,  and  that 
when  government  does  not  confer  this  security,  it  fails  of  its  chief  design. 

4.  That  the  people  of  this  State  have,  now  and  always,  the  inherent 
exclusive  and  inalienable  right,  subject  to  the  limitations  before  men- 
tioned, of  regulating  after  and  amending  their  State  Government  when- 
ever and  in  such  manner  as  to  them  shall  seem  expedient. 

5.  That  religious  belief  is  a  matter  beyond  the  sphere  of  the  govern- 
ment proposed  by  this  Constitution;  that  no  one  can  be  questioned  in 
respect  of  his  religious  opinions  by  any  instrumentality  of  this  govern- 
ment, or  for  any  purpose  connected  with  its  administration,  but  that  acts 
of  immorality,  licentiousness,  or  conduct  inconsistent  with  the  good  order, 
peace  or  safety  of  society,  may  be  rightfully  presented  and  punished 
notwithstanding  that  the  persons  guilty  of  such  acts  or  conduct  may 
proffer  and  allege  in  excuse  or  justification  thereof,  that  they  are  com- 
mitted in  obedience  to  the  dictates  of  conscience. 

6.  That  no  person  can  be  compelled  to  erect,  support  or  attend 
any  place  or  system  of  worship,  or  to  maintain  or  support  any  priest, 
preacher,  minister  or  teacher  of  any  sect,  church  creed  or  denomination 
of  religion;  but  that  if  any  person  shall  voluntarily  make  a  contract  for 
any  sucli  object  he  shall  be  held  to  the  performance  of  the  same. 

7.  That  no  money  shall  ever  be  taken  from  the  public  treasury, 
directly  or  indirectly,  in  aid  of  any  church,  sect  or  denomination  of  re- 
ligion, or  in  aid  of  any  priest,  preacher,  minister  or  teacher  thereof  as  such; 
and  that  no  preference  shall  be  given  to  or  any  discrimination  made 


CONSTITUTIONAL  CONVENTION,   1875        195 

against  any  church,  sect,  denomination  or  creed  of  religion  or  any  form 
of  religion,  faith  or  worship. 

8.  That  every  gift,  sale  or  devise  of  land  to  any  priest,  minister, 
public  teacher  or  preacher  of  the  gospel  as  such  or  to  any  religious  sect, 
90]  order  or  denomination  or  to  or  for  the  support,  use  or  benefit  of  or  in 
trust  for  any  minister,  public  teacher  or  preacher  of  the  gospel  as  such, 
or  any  religious  order,  sect  or  denomination;  and  every  gift  or  sale  of  goods 
or  chattels,  to  go  in  succession  or  to  take  effect  after  the  death  of  the  donor 
or  seller  to  or  for  such  use,  support  or  benefit;  and  also  every  devise  of 
goods  or  chattels  to  or  for  the  support  of  any  minister,  public  teacher, 
priest  or  preacher  of  the  Gospel  as  such,  or  any  religious  sect,  order  or 
denomination,  shall  be  void:  except  always  a  gift,  sale  or  devise  of  so 
much  land  as  may  be  required  for  a  house  of  public  worship,  a  chapel,  a 
parsonage  and  a  burial  ground  to  be  held  for  those  purposes  only,  the 
quantity  of  land  so  held  by  any  congregation,  church  or  religious  society 
not  to  exceed  five  acres  in  the  country  or  one  acre  in  a  town  or  city. 

9.  That  all  elections  ought  to  be  free  and  open. 

10.  That  courts  of  justice  shall  be  open  to  every  person  and  certain 
remedy  afforded  for  every  injury  to  person,  property  or  character.  That 
right  and  justice  should  be  administered  without  sale,  denial  or  delay  and 
that  the  existence  of  a  wrong  for  which  the  law  affords  no  redress  is  a 
scandal  to  government. 

11.  That  all  persons  shall  be  secure  in  their  persons,  papers,  houses, 
and  effects,  from  arbitrary  searches  and  seizures;  that  no  warrant  shall 
issue  to  search  any  place  or  seize  any  person  or  thing  except  on  probable 
cause,  shown  by  oath  or  affirmation,  and  in  every  case  whenever  such 
probable  cause  is  so  shown,  the  warrant,  by  virtue  of  which  alone  it  shall 
be  lawful  to  make  such  search  or  seizure,  shall  describe  the  place  to  be 
searched  or  the  person  or  thing  to  be  seized,  as  nearly  as  may  be. 

12.  That  no  person  shall  for  an  indictable  offense  be  proceeded 
against  criminally  by  information  except  in  cases  arising  in  the  land  or 
naval  forces  or  in  the  militia  in  time  of  war  or  public  danger  or  by  leave 
of  court  for  oppression  or  malfeasance  in  office. 

13.  That  no  conviction  shall  work  corruption  of  blood  nor  forfeiture 
of  the  estate  of  the  offender,  except  so  much  thereof  as  may  be  necessary 
to  pay  a  fine  imposed  by  law  and  the  costs  of  prosecution  and  that  the 
estate  of  those  dying  by  suicide  shall  descend  or  vest  as  if  they  had  died 
from  disease. 

14.  That  no  law  be  passed  impairing  the  freedom  of  speech;  that 
every  person  shall  be  free  to  say,  write  or  publish  whatever  he  will  on  any 
91]  subject,  being  responsible  for  all  abuse  of  that  liberty;  and  that  in 
all  suits  and  prosecutions  for  libel,  the  truth  thereof  may  be  given  in  evi- 
dence and  the  jury  under  the  direction  of  the  court,  shall  determine  the 
law  and  the  fact. 

15.  That  no  act  retrospective  in  its  operation  shall  be  passed  by  the 
General  Assembly. 

16.  That  imprisonment  for  debt  shall  not  be  allowed  except  for 
non-payment  of  fines  and  penalties  imposed  for  violation  of  law,  or  when 
a  debtor  refuses  to  deliver  up  his  estate  for  the  benefit  of  creditors,  in 


196  JOURNAL  OF  THE  MISSOURI 

such  manner  as  shall  be  prescribed  by  law,  or  when  there  is  strong  pre- 
sumption of  fraud. 

17.  That  all  property  in  the  State  except  such  as  belongs  to  the 
United  States,  the  State  of  Missouri,  to  counties,  cities  or  municipal 
subdivisions,  or  municipal  corporations  within  this  State,  or  such  as  is 
held  exclusively  for  the  interment  of  the  bodies  of  deceased  persons, 
shall  be  taxed  in  proportion  to  its  value  for  all  purposes  for  which  other 
property,  similarly  situated,  is  taxable  and  the  General  Assembly  shall 
have  no  power  to  exempt  from  taxation  of  any  kind,  whether  State  or 
municipal  purposes,  the  property  of  any  particular  owner  or  class  of 
owners. 

18.  That  the  dwelling  house  of  each  citizen  shall  be  sacred  from  in- 
vasion or  entry  by  all  persons  except  officers  of  justice  in  the  execution  of 
a  warrant  as  described  in  Section  eleven  of  this  article,  or  in  fresh  pur- 
suit on  view  of  a  fugitive  from  arrest;  and  that  the  right  of  no  citizen  to 
keep  and  bear  arms  in  defense  of  his  home,  person  and  property  when 
lawfully  threatened  or  in  aid  of  the  civil  power  when  thereto  legally  sum- 
moned shall  be  called  in  question;  but  nothing  herein  contained  is  in- 
tended to  justify  the  practice  of  wearing  concealed  weapons. 

19.  That  no  person  elected  or  appointed  to  any  office  or  employ- 
ment of  trust  or  profit  under  the  laws  of  Missouri  or  any  ordinance  of  any 
municipality  in  this  State  shall  hold  such  office  without  personally  per- 
forming the  duties  to  the  same  belonging. 

20.  That  no  person  who  is  now  or  may  hereafter  become  a  collector 
or  receiver  of  public  money  or  assistant  or  deputy  of  such  receiver  or  col- 
lector, shall  be  eligible  to  any  office  of  trust  or  profit  in  the  State  of  Mis- 
souri under  the  laws  thereof  or  under  any  municipality  therein  until  he 
shall  have  accounted  for  and  paid  over  all  the  public  money  for  which  he 
may  be  accountable. 

21.  No  person  who  shall  hereafter  be  guilty  of  embezzling  any 
92]  money  belonging  to  whomsoever  or  of  appropriating  to  his  own  use 
any  money  received  by  him  in  trust  or  confidence  from  another,  as  dis- 
tinguished from  a  debt  arising  out  of  the  casualties  of  ordinary  trade  and 
business,  shall  be  eligible  to  any  offic^e  of  trust  or  profit  under  the  laws  of 
this  State  or  the  ordinance  of  any  municipality  therein  until  he  shall  have 
paid  and  made  good  any  such  defalcation. 

22.  That  no  private  property  can  be  taken  for  private  use  with  or 
without  compensation,  unless  by  consent  of  the  owner,  and  that  when- 
ever an  attempt  is  made  to  take  private  property  for  use  alleged  to  be 
public,  the  question  whether  the  contemplated  use  be  really  public  shall 
be  a  judicial  question,  and  as  such  judicially  determined  without  regard 
to  any  legislative  assertion  that  the  use  is  public. 

2.3.  That  whenever  private  property  is  taken  or  damaged  for  public 
use,  just  compensation  shall  be  made  to  the  owner  thereof  and  the  meas- 
ure of  such  compensation  shall  be  the  fair  price  or  value  in  money  of  the 
property  taken  for,  or  a  sum  sufficient  to  balance  the  injury  done  thereto 
by  the  public  use  without  any  deduction  from  such  price,  value  or  com- 
pensation by  reason  of  any  real  or  alleged  benefit  to  the  same  or  other 
property  of  the  owner  by  the  proposed  public  use.     In  all  cases,  the  owner 


CONSTITUTIONAL  CONVENTION,   1875       197 

of  the  property  taken  or  injured  maj-  require  that  compensation  be  as- 
sessed by  a  jury  and  until  the  compensation  awarded  shall  be  paid  to 
the  owner  or  into  court  for  the  use  of  the  owner,  the  proprietary  rights  of 
the  owner  shall  not  be  divested. 

24.  In  all  criminal  prosecutions  the  accused  shall  have  the  right  to 
appear  and  defend  in  person  and  by  counsel,  to  demand  the  nature  and 
cause  of  the  accusation  and  to  have  a  copy  thereof,  to  meet  the  witnesses 
against  him  face  to  face,  to  have  process  to  compel  the  attendance  of 
witnesses  in  his  behalf,  and  a  speedy  trial  by  an  impartial  jury  of  the 
county.  , 

25.  That  no  person  shall  be  compelled  to  testify  against  himself  in 
a  criminal  cause  nor  shall  any  person  after  being  once  acquitted  by  a 
jury  be  again,  for  the  same  offense,  put  in  jeopardy  of  life  or  liberty; 
but  if  the  jury  to  which  the  question  of  his  guilt  or  innocence  is  sub- 
mitted, fail  to  render  a  verdict,  the  court  before  which  the  trial  is  had 
may  in  its  discretion,  discharge  the  jury  and  commit  or  bail  the  prisoner 
for  trial  at  the  next  term  of  court,  or  if  the  state  of  business  will  permit 
at  the  same  term  and  if  judgment  be  arrested  after  verdict  of  guilty  on  a 
defective  indictment,  or  if  judgment  on  a  verdict  of  guilty  be  reversed 
93]  for  error  in  law,  nothing  herein  contained  shall  prevent  a  new  trial 
of  the  prisoner  on  a  proper  indictment,  or  according  to  correct  principles 
of  law. 

26.  That  all  persons  shall  be  bailable  by  sufficient  sureties  except 
in  capital  cases  when  the  presumption  of  guilt  is  great. 

27.  That  bail  more  than  suificient  to  secure  the  appearance  of 
the  accused  for  trial  shall  not  be  required  nor  shall  excessive  fines  be 
imposed,  nor  cruel  and  unusual  punishment  be  inflicted. 

28.  That  the  privilege  of  the  writ  of  habeas  corpus  shall  never  be 
suspended. 

29.  That  the  military  shall  always  be  in  strict  subordination  to  the 
civil  power;  that  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner,  nor  in  time  of  war  except  in  the 
manner  prescribed  by  law. 

30.  That  the  limitations  imposed  on  the  State  of  Missouri  in  com- 
mon with  her  sister  states  by  the  Federal  Constitution  are  cheerfully 
acquiesced  in  and  so  far  as  it  is  possible  or  becoming  for  the  State  of  Mis- 
souri to  enact  as  part  of  her  organic  law  provisions  which  are  already  and 
by  an  authority  superior  to  her  own,  part  of  the  supreme  law  of  the  land, 
are  hereby  declared  to  be  incorporated  into  this  Constitution. 

On  motion  of  Mr.  Gantt  the  further  reading  of  the  re- 
port was  dispensed  with. 

Mr.  Cottey  offered  the  following  amendment: 

Resolved,  That  all  of  Section  seventeen  be  stricken  out  and  the  same 
referred  to  the  Committee  on  Revenue  and  Taxation.  Said  section 
is  in  words  following,  to-wit:  "That  all  property  in  the  State  except  such 
as  belongs  to  the  United  States,  the  States  of  Missouri,  to  counties, 
cities  or  municipal  subdivisions  or  municipal  corporations  within  this 


198  JOURNAL  OF  THE  MISSOURI 

State  or  such  as  is  held  exclusively  for  the  interment  of  the  bodies  of 
deceased  persons  shall  be  taxed  in  proportion  to  its  value  for  all  purposes 
for  which  other  property  similarly  situated  is  taxable  and  the  General 
Assembly  shall  have  no  power  to  exempt  from  taxation  of  any  kind 
whatever  for  State  or  municipal  purposes  the  property  of  any  particular 
owner  or  class  of  owners." 

which  was  read. 

Mr.  Shields  offered  the  following  resolution: 

Resolved,  That  the  report  of  the  Committee  on  Preamble  and  Bill 
of  Rights  and  the  amendment  be  made  special  order  for  next  Wednesday 
at  10  o'clock  a.  m.  to  be  considered  in  the  Committee  of  the  Whole. 

94]  which  was  read. 

Mr.  Gottschalk  demanded  a  division  of  the  question, 
which  was  agreed  to. 

The  question  then  being  upon  the  consideration  of  the 
report  of  Committee  on  Preamble  and  Bill  of  Rights  in 
the  Committee  of  the  Whole,  it  was  agreed  to. 

On  motion  of  Mr.  Switzler,  the  further  consideration  of 
the  report  of  the  Committee  on  Preamble  and  Bill  or  Rights 
was  postponed  and  made  the  special  order  for  Tuesday, 
May  18th,  at  10  o'clock  a.  m.  and  one  hundred  copies  or- 
dered printed. 

Mr.  Gottschalk  offered  the  following  resolution: 

Resolved,  That  the  following  or  some  other  similar  provision  be 
made  part  of  the  proposed  Constitution:  The  General  Assembly  shall 
have  no  power  to  pass  any  law  or  to  authorize  any  county  or  municipal 
corporation  to  make  any  rule  or  ordinance  by  which  the  sale  or  trafiBc 
in  vinous,  spirituous  or  malt  liquors  shall  be  prohibited,  but  the  General 
Assembly  may  order  or  authorize  a  reasonable  license  to  be  assessed  on 
such  traffic  and  may  further  regulate  the  same  by  appropriate  legislation. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Legislative  Department. 

Mr.  Pulitzer  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Representation,  Representative 
and  Senatorial  Districts  be  requested  to  consider  into  the  expediency  of 
reporting  in  lieu  of  the  last  clause  of  Section  two  Article  IV  of  the  pres- 
ent Constitution,  a  provision  substantially  as  follows:  When  any 
county  is  entitled  to  more  than  one  Representative  all  such  Represen- 
tatives shall  be  elected  in  the  county  at  large  and  not  in  special  districts 
or  subdivisions. 


CONSTITUTIONAL  CONVENTION,   1875        199 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Representation,  Representative  and  Senatorial  Districts. 
Mr.  Boone  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Education  be  and  is  hereby  in- 
instructed  to  inquire  into  the  expediency  of  adopting  an  amendment  to 
the  Constitution  substantially  as  follows: 

1.  The  General  Assembly  shall  establish  and  maintain  a  State 
institution  to  be  known  as  the  Reform  School  for  the  Correction  and 
Instruction  of  Minors  who  shall  be  convicted  of  any  felonious  offense. 

2.  No  person  under  the  age  of  twenty-one  years  shall  on  any  ac- 
count be  punished  with  death  or  by  confinement  in  the  State  Prison. 

95]  3.  Any  person  under  the  age  of  twenty-one  years  who  shall 
have  been  convicted  of  any  felony,  shall  be  confined  in  said  Reform  School 
for  such  time  as  the  jury  or  court  trying  the  cause  shall  determine. 

4.  The  General  Assembly  shall  have  power  to  prescribe  rules  and 
regulations  for  the  government  of  said  institution. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Education. 

Mr.  Fyan  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Miscellaneous  Provisions  be  in- 
structed to  take  into  consideration  the  propriety  of  inserting  provisions 
in  the  Constitution  substantially  as  follows:  Section  1.  Senators  and 
Representatives  and  all  judicial,  State  and  county  officers  shall  before 
entering  on  the  duties  of  their  respective  offices  take  and  subscribe  the 
following  oath  or  affirmation:  "I  do  solemnly  swear  (or  affirm)  that  I 
will  support,  obey  and  defend  the  Constitution  of  the  United  States  and 
the  Constitution  of  the  State  of  Missouri,  and  that  I  will  discharge  the 
duties  of  my  office  with  fidelity;  that  I  have  not  paid  or  contributed  or 
promised  to  pay  or  contribute,  either  directly  or  indirectly,  anj'  money 
or  other  valuable  thing  to  procure  my  nomination  or  election  or  appoint- 
ment except  for  necessary  and  proper  expenses  expressly  authorized 
by  law;  that  I  have  not  knowingly  violated  any  election  law  of  this  State 
or  procured  it  to  be  done  by  others  in  my  behalf;  that  I  will  not  knowingly 
receive,  directly  or  indirectly,  any  money  or  other  valuable  thing  for  the 
performance  or  non-performance  of  any  act  or  duty  pertaining  to  my 
office  other  than  the  compensation  allowed  by  law." 

Section  2.  The  foregoing  oath  shall  be  administered  by  some  person 
authorized  to  administer  oaths,  and  in  case  of  State  officers  and  judges  of 
the  Supreme  Court  shall  be  filed  in  the  office  of  the  Secretary  of  State, 
and  in  case  of  other  judicial  and  county  officers  in  the  office  of  the  clerk 
of  the  county  court  of  the  county  in  which  the  same  is  taken;  any  person 
refusing  to  take  said  oath  shall  forfeit  his  office;  and  any  person  who  shall 
be  convicted  of  having  sworn  or  affirmed  falsely,  or  having  violated  said 
oath  or  affirmation,  shall  be  guilty  of  perjury  and  be  forever  disqualified 
from  holding  any  office  of  trust  or  profit  in  this  State.     The  oath  to  the 


200  JOURNAL  OF  THE  MISSOURI 

members  of  the  Senate  and  House  of  Representatives  shall  be  adminis- 
tered by  some  judge  of  a  court  of  record  in  the  hall  of  the  house  to  which 
the  members  may  be  elected. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Miscellaneous  Provisions. 

Mr.  Massey  offered  the  following  resolution: 

96]  That  the  Secretary  of  this  Convention  be  directed  to  make  up 
the  daily  journal  in  the  blank  book  it  is  supposed  has  been  provided  by 
the  Secretary  of  State. 

and  moved  its  adoption. 

Messrs.    Brockmeyer    and    Halliburton    seconded    the 
motion. 

The  resolution  was  read  and  adopted. 

Mr.  Halliburton  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  the  Judiciary  be  instructed  to 
inquire  into  the  expediency  of  reporting  amendments  to  the  Constitution 
substantially  as  follows: 

1.  The  Supreme  Court  shall  consist  of  three  judges,  any  two  of 
whom  shall  be  a  quorum,  and  shall  hold  its  sessions  at  the  Capitol.  It 
shall  have  a  general  superintending  control  over  all  inferior  courts  of  law. 
It  shall  have  appellate  jurisdiction  from  the  final  judgments  of  the  dis- 
tricts, circuit  and  all  inferior  courts  wherein  the  amount  in  controversy 
exceeds  the  sum  of  S500  or  wherein  any  constitutional  question  shall  be 
involved.  It  shall  have  the  power  to  issue  w^its  of  habeas  corpus,  man- 
damus, quo  warranto,  certiorari,  and  other  remedial  T\Tits,  and  to  hear  and 
determine  them. 

2.  There  shall  also  be  established  a  district  court,  which  shall  con- 
sist of  three  judges.  The  State  shall  be  divided  into  convenient  districts 
not  to  exceed  four,  in  each  of  which  the  district  court  shall  be  held  at  such 
time  and  place  as  the  General  Assembly  may  appoint  and  when  sitting 
in  either  district  it  shall  exercise  jurisdiction  over  causes  originating  in 
that  district  only.  It  shall  have  like  original  jurisdiction  with  the  Su- 
preme Court  and  appellate  jurisdiction  from  the  final  judgments  of  the 
circuit  courts  and  all  inferior  courts  of  record  within  the  respective  dis- 
trict, except  probate  and  county  courts,  wherein  the  amount  in  contro- 
versy does  not  exceed  the  sum  of  SoOO.  After  the  establishment  of  such 
district  courts,  no  appeal  or  writ  of  error  shall  lie  from  any  circuit  court 
or  inferior  court  of  record  to  the  Supreme  Court  unless  the  amount  in 
controversy  exceed  the  sum  of  S500  or  unless  a  question  of  constitutional 
law  shall  be  involved  in  the  proceeding,  but  such  appeal  or  writ  of  error 
shall  lie  to  the  district  court  from  the  final  judgments  of  which  no  appeal 
or  writ  of  error  can  be  taken  to  the  Supreme  Court. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Judicial  Department. 


CONSTITUTIONAL  CONVENTION,   1875       201 

97]         Mr.  Rider  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Legislative  Department  be  in- 
structed to  inquire  into  the  expediency  of  so  amending  the  Constitution 
as  t,o  provide.  That  all  cases  of  contested  elections  of  members  of  the 
Legislature  shall  be  determined  by  the  county  court  of  the  county  in 
which  the  contest  occurs. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Legislative  Department. 

Mr.  Rider  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Judiciary  be  instructed  to  inquire 
into  the  expediency  of  so  amending  the  Constitution  as  to  provide:  That 
justices  of  the  peace  shall  have  concurrent  jurisdiction  with  the  circuit 
court  in  the  trial  of  all  cases  of  petit  larceny  and  misdemeanors  and  that 
the  General  Assembly  shall  make  provisions  for  the  punishment  of  such 
offenses. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Judiciary  Department. 

Mr.  Conway  offered  the  following  resolution: 

Resolved,  That  the  sergeant-at-arms  of  this  Convention  be  consti- 
tuted the  postmaster  of  this  body,  and  that  he  be  directed  to  assume  the 
duties  of  said  office  in  addition  to  his  duties  as  sergeant-at-arms;  without 
additional  compensation. 

which  was  read  and  adopted. 

Mr.  Adams  offered  the  following  resolution: 

Resolved,  That  two  additional  members  be  added  to  the  Committee 
on  Judiciary  so  that  such  Committee  shall  be  composed  of  fifteen  mem- 
bers. 

which  was  read  and  adopted. 

Mr,  Bradneld  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Banks  and  Corporations  be  in- 
structed to  inquire  into  the  expediency  of  substantially  incorporating 
the  following  provisions  in  the  Constitution: 

1.  All  individuals,  associations  and  corporations  shall  have  equal 
right  to  have  persons  and  property  transported  over  railroads,  and  no 
undue  or  unreasonable  discrimination  shall  be  made  in  charges  for  or  in 
facilities  for  transportation  of  freight  or  passengers  within  the  State. 
Persons  and  property  transported  over  anj'^  railroad,  shall  be  delivered 
at  any  station,  at  rates  of  charges  not  exceeding  the  charges  for  transporta- 
tion of  persons  and  property  of  the  same  class  in  the  same  direction  to  any 
more  distant  station. 

2.  No  railroad  in  existence  at  the  time  of  the  adoption  of  this  Con- 
stitution shall  have  the  benefit  of  any  future  legislation  by  general  or 


202  JOURNAL  OF  THE  MISSOURI 

98]  special  laws,  except  on  condition  of  complete  acceptance  of  all  the 
provisions  of  this  Constitution  applicable  to  railroads. 

3.  The  power  to  tax  corporations  and  corporate  property  shall  not 
be  surrendered  or  suspended  by  any  contract  or  grant  to  which  the 
State  shall  be  a  party. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Banks  and  Corporations. 

Mr.  Watkins  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  the  Judiciary  be  requested  to  in- 
quire into  the  propriety  of  incorporating  in  the  Constitution  a  provision 
to  lay  off  the  State  into  probate  districts,  appointing  judges  therefrom 
with  like  qualification  as  circuit  judge. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Judicial  Department. 

Mr.  Wallace  offered  the  following  resolution. 

Resolved,  That  the  Committee  on  Education  be  requested  to 
consider  the  expediency  of  reporting  an  amendment  to  the  Constitution 
providing  the  levy  and  collection  of  any  taxes  for  free  or  common  school 
purposes  by  the  State,  and  requiring  all  levy  and  collection  of  taxes  for 
free  or  common  school  purposes  to  be  made  by  and  appropriated  and 
disbursed  in  the  respective  counties  and  that  a  constitutional  limitation 
be  imposed  on  the  amount  of  such  taxes. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Education. 

Mr.  Farris  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Miscellaneous  Provisions  be 
requested  to  examine  into  the  expediency  of  incorporating  a  provision 
into  the  Constitution  by  which  the  people  of  the  various  counties  in 
the  State,  that  have  overflowed  swamp  lands  may  reclaim  the  same  and 
that  the  people  of  the  various  counties  through  which  the  Missouri  river 
runs  may  build  and  construct  levees  to  protect  the  lands  from  the  usual 
overflows  to  which  the  same  is  subjected. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Miscellaneous  Provisions. 

Mr.  Holliday  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Revenue  and  Taxation  be  in- 
structed to  inquire  into  the  expediency  of  incorporating  in  the  Constitu- 
tion a  provision  substantially  as  follows:  Real  estate  not  exceeding 
eighty  acres,  forty  acres  of  which  shall  be  in  actual  cultivation,  lots 
in  cities,  towns  and  villages  excepted,  when  owned  and  occupied  by  a 
99]  resident  of  the  State  shall  be  exempt  from  taxation. 


CONSTITUTIONAL  CONVENTION,   1875       203 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Revenue  and  Taxation. 

Mr.  Edwards  of  Iron  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Legislative  Department  inquire 
into  the  expediency  of  adopting  an  amendment  to  the  Constitution  pro- 
hibiting the  Legislature  from  passing  any  general  law  to  take  effect  and 
be  in  force  only  in  such  counties  as  may  adopt  the  same  by  a  vote  of 
the  qualified  electors  therein. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Legislative  Department. 

Mr.  Black  offered  the  following  resolution: 

Resolved,  That  the  proper  committee  be  requested  to  inquire  into  the 
propriety  of  incorporating  into  the  fundamental  law  of  the  State  pro- 
visions substantially  as  follows: 

1.  The  General  Assembly  shall  pass  no  local  or  special  law  amend- 
ing the  charter  or  regulating  the  affairs  of  any  city  or  town,  but  the  Gen- 
eral Assembly  shall  pass  general  laws  for  the  organization,  classification 
and  government  of  municipal  corporations.  The  number  of  such  classes 
shall  not  exceed  four  and  the  power  of  each  class  shall  be  defined  by 
general  laws  so  that  all  such  corporations  of  the  same  class  shall  possess 
the  same  power  and  be  subject  to  the  same  restrictions  and  none  other. 

2.  When  such  general  laws  shall  be  passed,  all  municipal  corpora- 
tions, whether  created  under  general  or  special  laws,  shall  become  subject 
to  and  governed  thereby. 

3.  If  it  is  found  advisable  to  require  such  general  laws  to  be  passed 
and  not  expedient  to  require  existing  corporations  to  become  subject 
thereto,  that  then  the  Committee  inquire  into  the  propriety  of  directing 
the  General  Assembly  to  provide  means  whereby  such  corporations  with 
special  charters  may  elect  to  become  subject  to  and  governed  by  the  Gen- 
eral Assembly. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Boundaries  and  Political  Subdivisions  of  the  State. 

Mr.  McAfee  from  the  Committee  on  Organization  of 
the  Militia  of  the  State  submitted  the  following  report: 

Mr.  President: 

The  Committee  on  Military  Affairs  and  Organization  of  the  Militia, 
appointed  and  required  to  report  what  changes  or  amendments  are  nec- 
essary in  that  part  of  the  existing  Constitution  which  relates  to  the  or- 
ganization of  the  militia,  have  had  the  subject  under  consideration  and 
have  instructed  its  chairman  to  report  the  following  seven  sections  and 
recommend  their  adoption  as  and  for  that  part  of  the  new  Constitution 
upon  said  subject,  to  wit: 


204  JOURNAL  OF  THE  MISSOURI 

lOOj  Article  MILITIA. 

Section  1.  All  able-bodied  male  inhabitants  of  this  State  between 
the  ages  of  eighteen  and  forty-five  years  who  are  citizens  of  the  United 
States  or  have  declared  their  intention  to  become  such  citizens,  shall  be 
liable  to  military  duty  in  the  militia  of  this  State:  Provided,  that  no 
person  who  is  religiously  scrupulous  of  bearing  arms,  can  be  compelled 
to  do  so,  but  may  be  compelled  to  pay  an  equivalent  for  military  service 
in  such  manner  as  shall  be  prescribed  by  laAV. 

Section  2.  The  General  Assembly,  in  providing  for  the  organization, 
equipment  and  discipline  of  the  militia,  shall  conform  as  nearly  as  prac- 
ticable to  the  regulations  for  the  government  of  the  armies  of  the  United 
States. 

Section  3.  Each  company  and  regiment  shall  elect  its  own  company 
and  regimental  oificers,  but  if  any  company  or  regiment  shall  neglect  to 
elect  such  officers  within  the  time  prescribed  by  law  or  by  the  order  of 
the  Governor,  they  may  be  appointed  by  the  Governor. 

Section  4.  Volunteer  companies  of  infantry,  cavalry  and  artillery 
may  be  formed  in  such  manner  and  under  such  restrictions  as  may  be 
provided   by   law. 

Section  5.  The  volunteer  and  militia  forces  shall  in  all  cases  except 
treason,  felony  and  breaches  of  the  peace,  be  privileged  from  arrest, 
during  their  attendance  at  musters,  parades  and  elections  and  in  going 
to  and  returning  from  the  same. 

Section  6.  The  Governor  shall  appoint  the  Adjutant-General, 
Quartermaster-General  and  his  other  staff  officers.  He  shall  also  with 
the  advise  and  consent  of  the  Senate  appoint  all  Major  Generals  and 
Brigadier  Generals. 

Section  7.  The  General  Assembly  shall  provide  for  the  safe  keeping 
of  the  public  arms,  military  records,  banners  and  relics  of  the  State. 

All  of  which  is  unanimously  concurred  in  by  the  Committee  and 
respectfully  submitted. 

On  motion  of  Mr.  Brockmeyer  the  report  was  received, 
laid  over  informally  and  one  hundred  copies  ordered  to  be 
printed. 

The  President  announced  the  following  to  be  the  mem- 
bers of  the  Committee  on  Federal  Relations: 

From  the  First  Congressional  District,  James  0.  Broadhead. 
From  the  Second  Congressional  District,  Joseph  Pulitzer. 
From  the  Third  Congressional  District,  H.  J.  Spaunhorst. 
From  the  Fourth  Congressional  District,  L.  H.  Davis. 
101]  From  the  Fifth  Congressional  District,  P.  Pipkin. 

From  the  Sixth  Congressional  District,  John  W.  Ross. 
From  the  Seventh  Congressional  District,  J.  P.  Ross. 
From  the  Eighth  Congres.sional  District,  D.  C.  Allen. 
From  the  Ninth  Congressional  District,  J.  C.  Roberts. 
From  the  Tenth  Congressional  District,  J.  A.  Holliday. 


CONSTITUTIONAL  CONVENTION,   1875       205 

From  the  Eleventh  Congressional  District,  Thomas  Shackelford. 
From  the  Twelfth  Congressional  District,  E.  McCabe. 
From  the  Thirteenth  Congressional  District,  A.  V.  McKee. 

,  The  President  announced  that  the  following  named 
gentlemen  had  been  added  to  the  Committee  on  Judicial 
Department:     Thomas  Shackelford  and  A.  M.  Lay. 

On  motion  of  Mr.  Roberts  the  Convention  adjourned 
until  9  o'clock  a.  m.  tomorrow. 


FRIDAY,  MAY  14,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
Vice-President  in  the  chair. 

Prayer  by  Rev.  Mr.  Parker. 

On  mxOtion  of  Mr.  Wallace  the  reading  of  the  journal 
was  dispensed  with. 

Mr.  Malcolm  McKillop  came  forward,  presented  his 
credentials  and  was  sworn  in  by  Mr.  0.  G.  Burch,  notary 
public  for  Cole  county. 

Mr.  Norton  submitted  the  following  report  from  the 
Committee  on  Printing  and  Binding: 

Mr.  President: 

The  Committee  on  Printing  and  Binding  to  which  was  referred  the 
following  resolution: 

Resolved,  That  the  Committee  on  Printing  and  Binding  be  instructed 
to  inquire  into  the  propriety  of  having  the  shorthand  reports  of  Messrs. 
Walbridge,  Holland  and  Brown  written  out  and  published  daily  in  a 
manner  suitable  to  be  bound  in  book  form  and  that  each  member  be 
furnished  each  day  with number  of  copies. 

Secondly,  That  the  Committee  ascertain  the  least  possible  cost  of 
transcribing  and  publishing  the  same  per  hundred  copies,  would  re- 
spectfully report  that  they  have  had  the  same  under  consideration  and 
in  response  thereto  state  that  the  propriety  of  translating  the  steno- 
graphic reports  of  the  debates  ordered  to  be  taken  by  the  former  action 
of  this  Convention  by  Messrs.  Walbridge,  Holland  and  Brown  depending 
in  a  great  measure  on  the  expense  which  would  thereby  be  included,  have 
made  the  following  estimates  on  a  session  of  fifty  days  of  this  Con- 
102]  vention: 


206  JOURNAL  OF  THE  MISSOURI 

Cost  of  preserving  debates  in  shorthand $500. 00 

Cost  of  translating  and  writing  out  the  same  for  publi- 
cation    250. 00 

Cost  of  printing  and  binding  1000  copies  of  three  volumes 

of  1000  pages  for  each  volume 9,570. 00 

Estimated  cost  of  bill  work  and  bill  work  already  ordered  500.  00 

Making  a  total  of $13,070. 00 

In  vieAv,  therefore,  of  the  cost  involved  and  in  view  of  the  fact  that 
the  Legislature  has  only  appropriated  the  sum  of  ten  thousand  dollars 
as  a  contingent  fund  out  of  which  the  above  amount  would  have  to  be 
paid,  the  Committee  recommends  the  adoption  of  the  following  resol- 
ution: 

Resolved,  That  in  view  of  the  fact  that  the  contingent  fund  at  the 
disposal  of  this  Convention  is  not  sufficient  to  pay  for  the  printing  of  bill 
work  already  ordered,  the  i^rinting  and  binding  of  the  journal,  the 
translation  and  writing  out  of  the  shorthand  reports  of  the  debates  and 
printing  and  binding  the  same,  that  it  is  inexpedient  to  have  the  short- 
hand reports  of  the  debates  of  this  Convention  written  out  and  printed 
and  bound  in  book  form. 

which  was  read. 

Mr.  Johnston  of  Nodaway  asked  leave  of  absence  for 
Mr.  President  which  was  granted. 

Mr.  Todd  offered  the  following  resolution: 

Resolved,  That  the  report  of  the  Committee  on  Printing  just  made 
be  referred  back  to  said  Committee  with  instructions  that  it  inquire  and 
report  whether  offers  for  doing  the  printing  cannot  be  had  at  such  a 
cost  as  to  bring  it  within  the  means  of  the  contingent  fund. 

which  was  read. 

Mr.  Shields  offered  the  following  amendment: 

Amend  by  striking  out  all  after  the  word  "resolved"  and  insert  the 
following:  "That  the  report  of  the  Committee  on  Printing  be  recommit- 
ted and  the  Committee  be  and  it  is  hereby  instructed  to  receive  bids  for 
the  printing  of  the  debates  of  the  Convention  in  such  form  as  may  be 
suitable  for  binding  and  to  furnish  the  same  from  day  to  day  to  the  mem- 
bers of  the  Convention  and  report  the  same  to  the  Convention." 

which  was  read. 

On  motion  of  Mr.   Shackelford  the  report  with  the 
amendments  was  laid  on  the  table. 
103]         Mr.  Pulitzer  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  St.  Louis  Affairs  be  instructed  to 
inquire  into  the  expediency  of  amendments  to  the  present  Constitution 
substantially  as  follows: 


CONSTITUTIONAL  CONVENTION,   1875       207 

1.  All  municipalities  having  a  population  of  100,000  and  over 
shall  be  considered  counties  by  themselves  and  shall  not  be  compelled 
to  have  the  territorial  area  prescribed  in  the  formation  of  counties. 

2.  The  fees,  emoluments,  perquisites,  salary  or  compensation  of 
no  person  holding  any  office  whatever  under  the  State  or  any  county  or 
municipal  organization  shall  exceed  the  sum  of  $10,000  per  annum. 
All  existing  statutory  provisions  creating  fees,  perquisites,  or  emolu- 
ments of  any  such  office  in  excess  of  $10,000  shall  be  null  and  void  and  it 
shall  be  the  duty  of  the  Legislature  to  revise  and  conform  the  laws  to 
the  above  provisions. 

3.  Municipalities  having  a  population  of  100,000  and  over  shall  be 
regulated  by  a  fundamental  constitutional  charter  which  shall  not  be 
liable  to  yearly  change  by  the  Legislature  but  shall  remain  as  permanent 
as  the  fundamental  law  of  the  State  unless  such  change  be  proposed 
by  the  concurrent  action  of  two-thirds  of  the  city  council  and  the  mayor 
of  said  municipalities  and  endorsed  by  at  least  two-thirds  of  the  people 
thereof  voting  in  a  special  election  called  for  the  purpose  of  approving 
or  respecting  such  change  in  the  municipal  charter. 

4.  The  Representatives  of  St.  Louis  county  in  the  Lower  House  of 
the  Legislature  shall  be  elected  in  the  county  at  large  and  not  in  special 
subdivisions. 

5.  Education  of  children  in  municipalities  having  a  population  of 
100,000  and  more  shall  be  absolutely'  compulsory,  tax-payers  being  taxed 
at  large  to  educate  the  children  at  large  in  the  interest  of  the  State,  so- 
ciety and  the  municipality. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  St.  Louis  AlTairs. 

Mr.  Hale  offered  the  following  resolution: 

Resolved,  That  the  Judiciary  Committee  be  instructed  to  inquire 
into  the  expediency  of  inserting  a  provision  in  the  Constitution  prohib- 
iting the  payment  of  costs  in  criminal  eases  by  the  State  except  costs  of 
apprehending  criminals  in  other  states  and  costs  incurred  after  conviction. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Judicial  Department. 

On  motion,  Mr.  Dysart  was  granted  leave  of  absence. 

Mr.  Hale  offered  the  following  resolution: 

Resolved,  That  the  Secretary  of  this  Convention  be  and  he  is  hereby 
required  to  furnish  each  member  of  this  Convention  with  three  such 
daily  papers  as  may  contain  reports  of  the  proceedings  of  this  Conven- 
tion for  distribution  amongst  the  people,  the  papers  to  be  selected  by 
104]  the  members  and  at  a  cost  of  not  exceeding  five  cents  each  to  be 
paid  for  out  of  contingent  fund. 

Mr.  Hale  moved  the  previous  question  which  was  or- 
dered. 


208 


JOURNAL  OF  THE  MISSOURI 


Mr.  Roberts  demanded  the  ayes  and  noes  and  the  resolu- 
tion was  adopted  by  the  following  vote: 

AYES 


Adams 

Edwards 

Halliburton 

McCabe 

Rippey 

Boone 

of  Iron 

Hammond 

Mudd 

Rucker 

Bradfield 

Edwards 

Lackland 

Pipkin 

Shanklin 

Carleton 

of  St.  Louis 

Lay 

Pulitzer 

Shields 

Conway 

Eitzen 

Mabrey 

Ray 

Wallace 

Cottey 

Hale 

Maxey 
NOES 

Rider 

Wat  kins       28 

Allen 

Crockett 

Johnston 

Nickerson 

Shackelford 

Alexander 

Davis 

of  NodawayNorton 

Switzler 

Black 

Farris 

Letcher 

Priest 

Taylor 

Broadhead 

Fyan 

Massey 

Roberts 

of  Jasper 

Chrisman 

Gantt 

McAfee 

Ross 

Todd 

Crews 

Hyer 

McKillop 

of  Polk 

Wagner        27 

ABSENT  WITH  LEAVE 

Dryden 

Gottschalk 

Ross 

Taylor 

Mr.  President 

Dysart 

Hardin 

of  Morgan 
Spaunhorst 

ABSENT 

of  St.  Louis 

8 

Brockmeyer 

Holliday 

McKee 

Mortell 

4 

Mr.  McCabe  moved  to  reconsider  the  vote  by  which 
the  resolution  passed  and  to  lay  his  motion  to  reconsider 
on  the  table  which  was  agreed  to. 

Mr.  Todd  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Miscellaneous  Provisions  be  in- 
structed to  inquire  into  the  expediency  of  reporting  as  an  amentment  to 
the  Constitution  the  following:  It  shall  not  be  lawful  for  any  public 
authorities  deriving  their  powers  from  the  General  Assembly  to  indemnify 
or  release  any  party  or  parties  from  any  consequences  of  any  contract  or 
contracts  by  such  party  or  parties  made  or  entered  into  with  said  au- 
thorities. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Miscellaneous  Provisions. 

Leave  of  absence  was  granted  to  Messrs.  Adams  and 
Hardin. 


CONSTITUTIONAL  CONVENTION,   1875       209 

Mr.  Crews  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Accounts  be  and  is  hereby  au- 
thorized to  regulate  the  pay  of  such  employes  as  have  been  appointed 
by  the  doorkeeper  and  whose  appointment  has  been  approved  by  the 
President  of  this  Convention. 

which  was  read  and  adopted. 

Mr.  Crews  offered  the  following  resolution: 

Resolved,  That  at  the  first  regular  session  of  the  General  Assembly 
chosen  at  an  election  under  this  Constitution  the  Representatives  shall 
105]  be  divided  into  two  equal  classes  to  be  determined  by  lot,  under 
rules  to  be  adopted  for  that  purpose  by  the  House  of  Representatives. 
The  seats  of  the  first  class  shall  be  vacated  at  the  end  of  the  second  year 
after  the  day  of  said  election,  and  those  of  the  second  class  at  the  end  of 
the  fourth  year  after  that  day  so  that  one-half  of  the  Representatives 
shall  be  chosen  every  second  year  and  after  the  expiration  of  the  term 
of  said  first  class,  all  Representatives  shall  hold  their  offices  for  four  years , 

which  was  read  and  referred  to  Committee  on  Representa- 
tion, Representative  and  Senatorial  Districts. 

Mr.  McCabe  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Legislative  Department  of  the 
State  Government  be  requested  to  inquire  into  the  expediency  and 
propriety  of  incorporating  into  the  Constitution  the  following  pro- 
vision, in  substance.  Every  bill  shall  be  read  at  large  on  three  different 
days  in  each  house  and  the  bill  and  all  amendments  thereto  shall  be 
printed  before  the  vote  is  taken  on  its  final  passage  and  that  every  bill 
having  passed  both  houses  shall  be  signed  by  the  Speaker  thereof. 

which  was  read  and  on  m.otion  referred  to  the  Committee 
on  Legislative  Department. 

Mr.  Maxey  offered  the  following  resolution : 

Resolved.  That  the  Committee  on  Revenue  and  Taxation  to  which 
was  referred  the  seventeenth  section  of  the  Bill  of  Rights,  as  reported 
by  the  Committee  on  Preamble  and  Bill  of  Rights,  inquire  into  the 
expediency  of  reporting  in  lieu  thereof  the  following:  The  property 
of  this  State,  of  counties  and  other  municipal  corporations  within  this 
State,  both  real  and  personal,  and  such  other  property  as  may  be  used 
exclusively  for  religious,  cemetery,  school  and  charitable  purposes  shall 
be  exempt  from  State,  county  and  municipal  taxation. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Revenue  and  Taxation. 

Mr.  Shields  offered  the  foUov/ing  resolution: 

Resolved,  That  the  President  appoint  a  standing  committee  of 
seven  to  be  known  as  the  Committee  on  Railroad  Taxation  to  which 


210  JOURNAL  OF  THE  MISSOURI 

shall  be  referred  all  propositions  relating  to  the  taxation  of  railroads  and 
the  duty  of  which  committee  shall  be  to  present  to  the  Convention 
thorough  and  practicable  mode  of  taxing  the  property  of  railroad  cor- 
porations in  this  State.  4 

which  was  read. 

Mr.  Bradfield  offered  the  following  amendment: 

Amend  by  striking  out  the  word  "seven"  and  insert  the  word  "nine". 

which  was  agreed  to. 

The  resolution  as  amended  was  adopted. 
Mr  Todd  offered  the  following  resolution: 

106]  Resolved,  That  the  Committee  on  Miscellaneous  Provisions 
be  instructed  to  inquire  into  the  expediency  of  reporting  as  an  amend- 
ment to  the  Constitxition  the  following:  That  the  using  or  suffering  to 
be  used  any  money  or  moneys  or  any  choses  in  action  officially  received 
or  elected  by  any  public  officer,  and  also  that  the  default  of  any  public 
officer  to  pay  or  deliver  over  as  directed  by  law  of  any  money,  moneys 
or  choses  in  action,  and  also  that  the  deposit  of  any  public  officer  of 
any  such  mone5^  moneys  or  choses  in  action  otherwise  than  as  directed 
by  law,  unless  impracticable,  shall  be  a  felony  for  which  the  General 
Assembly  shall  enact  an  infamous  punishment. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Miscellaneous  Provisions. 

Mr.   McKee  asked  leave  of  absence  for  the  sergeant- 
at-arms  until  Monday,  which  was  granted. 

On  motion  of  Mr.  Halliburton,  Mr.  Hammond  was 
granted  leave  of  absence. 

Mr.  Hale  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Revenue  and  Taxation  and  also 
the  Committee  on  Education  be  required  to  inquire  into  the  expediency 
of  inserting  appropriate  provisions  in  the  Constitution  whereby  railroads 
and  railroad  property  shall  be  taxed  for  all  purposes  as  other  property 
according  to  its  actual  value  and  that  the  revenue  derived  shall  be  set 
apart  as  a  fund  to  pay  the  interest  and  principal  of  the  State  debt  in- 
curred on  account  of  the  building  of  railroads,  until  the  same  is  extin- 
guished and  that  after  the  payment  of  said  debt  that  the  revenue  so 
derived  be  set  apart  and  appropriated  permanently  to  the  support  of  com- 
mon schools  in  this  State. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Revenue  and  Taxation. 

Mr.    Holliday   moved   to   adjourn   until   tomorrow,    9 
o'clock  a.  m.,  which  was  not  agreed  to. 


CONSTITUTIONAL  CO  h^VENTION,   1875       211 

Mr.  Mudd  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Raiboad  Taxation  be  instructed 
to  inquire  into  the  expediency  of  providing  for  the  taxation  of  all  railroad 
corporations  by  the  collection  by  the  State  of  a  percentage  on  the  gross 
receipts  of  said  railroads. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Railroad  Taxation. 

Mr.  Crockett  offered  the  following  resolution: 

107]  Resolved,  That  the  Committee  on  Legislative  Department  be 
instructed  to  inquire  into  the  propriety  of  amending  the  Constitution 
substantially  as  follows:  That  the  legislative  power  of  the  State  shall 
be  vested  in  a  General  Assembly  to  be  composed  of  one  Senator  for  each 
senatorial  district  into  which  the  State  now  is  or  hereafter  may  be 
divided  in  pursuance  of  the  provisions  of  the  Constitution  regulating 
apportionment  and  representation,  and  one  Representative  for  each 
county  in  the  State  as  at  present  constituted  or  which  may  hereafter 
be  established,  who  shall  meet  in  General  Assembly  at  the  capitol  of  the 
State  on  the  first  Monday  in  January  next  after  the  adoption  of  this 
Constitution  and  regularly  once  every  four  years  thereafter:  Provided, 
that  in  case  of  insurrection,  rebellion  or  invasion  or  other  great  emergency 
the  Governor  shall  have  power  to  convene  the  General  Assembly  in  extra 
session  by  proclamation,  but  such  extra  sessions  of  the  General  Assembly 
shall  have  no  authority  to  legislate  upon  matters  other  than  such  as  are 
specially  named  in  such  proclamation. 

which  was  read  and  on  motion  referred  to  the   Committee 
on  Representation,  Representative  and  Senatorial  Districts. 
Mr.  Cottey  offered  the  following  resolution: 

That  the  Committee  on  Executive  and  Ministerial  Officers  of 
County  and  Municipal  Government  be  instructed  to  inquire  into  the 
expediency  of  reporting  provisions  in  the  Constitution  substantially  as 
follows:  In  any  county  that  shall  have  adopted  a  township  organization 
the  question  of  continuing  the  same  may  be  submitted  to  a  vote  of  the 
people  of  such  county  at  a  general  election  and  if  a  majority  of  all  the 
votes  cast  upon  the  question  shall  be  against  township  organization,  then 
such  organization  shall  cease  in  such  county  and  all  laws  in  force  in  rela- 
tion to  counties  not  having  township  organization  shall  immediately 
take  effect  in  such  county,  provided,  that  all  counties  under  township 
organization  shall  be  governed  by  uniform  laws. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Executive  and  Ministerial  Officers  of  County  and  Munici- 
pal Government. 


212 


JOURNAL  OF  THE  MISSOURI 


The  President  announced  the  following  committee  on 
Railroad  Taxation:  Shields,  Norton,  McCabe,  Davis, 
McAfee,  Broadhead,  Wallace,  Roberts,  Letcher. 

On  motion  of  Mr.  Hyer  the  Convention  adjourned  until 
tomorrow,  9  o'clock  a.  m. 


108 


SATURDAY.  MAY  15.  1875 


The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  Rev.  Mr.  Barrett. 

The  journal  of  Wednesday,  May  12th,  was  being  read 
when  on  motion  of  Mr.  McAfee  the  further  reading  was 
dispensed  with. 

The  President  announced  that  the  following  named 
members  had  been  added  to  the  Committee  on  Miscellaneous 
Provisions:     L.  F.  Cottey  and  S.  R.  Crockett. 

The  Committee  on  Judicial  Department  reported  back 
resolution  No.  1  with  recommendation  that  it  be  referred 
to  Committee  on  Executive  and  Ministerial  Departments. 

Leave  of  absence  was  granted  to  Messrs.  Rucker, 
Gantt,  Shields,  Ross  of  Polk,  Shackelford,  Nickerson  and 
Dysart,  until  Monday  evening  next. 

Mr.  Massey  m.oved  the  Convention  adjourn  until 
Monday  morning  next  at  9  o'clock. 

Messrs.  Pulitzer  and  Conway  demanded  the  ayes  and 
noes. 

The  question  being  upon  the  motion  to  adjourn  until 
Monday  next  at  9  o'clock  a.  m.,  the  motion  was  agreed 
to  by  the  following  vote: 

AYES 


Boone 

Dysart 

Fyan 

Lay 

McKee 

Bradfield 

Edwards 

Halliburton 

Letcher 

MoKillop 

Broadhead 

of  Iron 

Holliday 

Massey 

Mortell 

Brockmeyer 

Edwards 

Hyer 

Maxey 

Mudd 

Carleton 

of  St.  Louis 

Johnston 

McAfee 

Norton 

Crews 

Farris 

Lackland 

McCabe 

Priest 

CONSTITUTIONAL  CONVENTION,   1875       213 


Roberts 

Taylor 

Taylor 

Todd 

Watkins 

Ross 

of  Jasper 

of  St.  Louis  Wagner 

Mr.  President 

of  Polk 

NOES 

36 

Allen 

Conway 

Gantt 

Ray 

Shanklin 

Alexander 

Cottey 

Mabrey 

Rider 

Switzler 

Black 

Crockett 

Pipkin 

Rippey 

Wallace        18 

Chrisraan 

Davis 

Pulitzer 

ABSENT  WITH  LEAVE 

Adams 

Gottschalk 

Hardin 

Ross 

Shields 

Dryden 

Hale 

Nickerson 

of  Polk 

Spaunhorst 

Eitzen 

Hammond 

Rucker 

Shackelford  13 

Whereupon  the  President  declared  the  Convention  ad- 
journed until  Monday  morning  next  at  9  o'clock. 


MONDAY,  MAY  17,  1875 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  the  Rev.  Mr.  Woods. 

The  journals  of  the  thirteenth  and  fourteenth  of  May 
were  read  and  approved. 
109]         The  journal  of  Saturday  was  read  and  approved. 

Mr.  Hyer  presented  a  petition  from  certain  citizens  of 
Dent  county  in  relation  to  incorporating  a  clause  in  the 
Constitution  punishing  slander  and  libel  by  fine  or  imprison- 
ment or  both,  which  was  read  and  on  motion  referred  to  the 
Committee  on  Judicial  Department. 

Mr.  Fyan  asked  leave  of  absence  for  Mr.  Maxey,  which 
was  granted. 

Mr.  Todd  offered  the  following  resolution: 

Resolved.  That  the  Committee  on  Legislative  Department  be  in- 
structed to  inquire  into  the  expediency  of  reporting  as  an  amendment 
to  the  Constitution  the  following:  The  General  Assembly  shall  pro- 
vide by  law  for  the  taking  of  depositions  to  be  read  in  evidence  in  all 
State  eases  of  violations  of  law,  and  for  the  release  of  the  deponents 
thereof  upon  their  own  recognizance. 

which  was  read  and  on  motion  referred  to  the  Committee  on 
Legislative  Department. 


214  JOURNAL  OF  THE  MISSOURI 

Mr.  Todd  olTered  the  following  resolution: 

Resolved,  That  the  Committee  on  the  Legislative  Department  be 
instructed  to  inquire  into  the  expediency  of  reporting  as  an  amend- 
ment to  the  Constitution  the  following:  That  no  public  officer  shall 
be  tried  or  charges  made  against  him  by  the  same  tribunal  or  body  that 
makes  the  charges. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Legislative  Department. 

Mr.  Taylor  of  St.  Louis  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  the  Executive  and  Ministerial 
Officers  be  instructed  to  inquire  into  the  expediency  of  reporting  an 
amendment  to  the  Constitution  requiring  that  all  State  and  county 
officers  except  justices  of  the  peace  and  constables  shall  receive  their 
compensation  by  way  of  salary  and  in  no  other  manner. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Executive  and  Ministerial  Officers  of  County  and  Munici- 
pal Government. 

Mr.  Davis  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Legislative  Department  inquire 
into  the  expediency  of  reporting  the  following  proposed  amendment: 
No  bill  shall  be  introduced  into  either  house  of  the  General  Assembly  after 
the  expiration  of  the  first  twenty  days  succeeding  the  permanent  organi- 
zation of  the  same. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Legislative  Department. 

Mr.  Halliburton  offered  the  following  resolution: 

Resolved,  That  the  following  be  referred  to  the  Committee  on  Rev- 
enue and  Taxation,  and  that  they  be  requested  to  inquire  into  the  ex- 
110]  pediency  of  incorporating  the  following  provision  into  the  Consti- 
tution to  wit:     Section .     No  greater  rate  of   interest    nor    penalty 

than  ten  per  cent  per  annum  shall  be  lawful  in  this  State  for  the  for- 
bearance or  nonpayment  of  money,  property  or  tax. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Revenue  and  Taxation. 

Mr.  Rider  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Executive  Department  be  in- 
structed to  inquire  into  the  expediency  of  so  amending  the  Constitution 
as  to  provide  for  the  abolishment  of  the  offices  of  Adjutant-General  and 


CONSTITUTIONAL  CONVENTION,   1875       215 

Register  of  Lands  by  making  the  Secretary  of  State  ex  ojficio  Adjutant- 
General  and  the  State  Auditor  ex  officio  Register  of  Lands. 

which  was  read  and  on  motion  referred  to  the  Committee  on 
Executive  Department. 

Mr.  Lackland  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Judicial  Department  be  in- 
structed to  inquire  into  the  expediency  and  propriety  of  so  amending 
the  Constitution  as  to  give  the  circuit  courts  jurisdiction  and  authority 
to  try  suits  on  all  claims  against  the  State  and  to  refrain  the  General 
Assembly  to  enact  such  laws  as  shall  be  necessary  to  provide  for  the 
payment  of  judgments  against  the  State. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Judicial  Department. 

Mr.  Mabrey  offered  the  following  resolution: 

Resolved,  That  the  President  of  this  Convention  be  and  is  hereby 
requested  to  appoint  M.  L.  Julian  to  act  as  folder  and  mail  messenger 
for  this  Convention  and  that  he  receive  for  his  services  as  such  folder  and 
messenger  the  same  per  diem  as  was  allowed  the  folder  of  the  Twenty- 
eighth  General  Assembly. 

which  was  read. 

Mr.  McAfee  rose  to  a  point  of  order  and  stated  that  the 
power  to  appoint  additional  employes  when  necessary  had 
been  by  previous  resolution  given  to  the  President  and  that 
the  resolution  was  not  in  order. 

The  President  declared  the  point  of  order  well  taken 
and  ruled  the  resolution  out  of  order. 

Mr.  Switzler  moved  to  take  the  report  of  the  Committee 
on  Printing  and  Binding  from  the  table,  which  was  agreed  to. 

The  question  recurring  on  the  adoption  of  the  report  of 
the  Committee  on  Printing  and  Binding,  Mr.  Switzler  of- 
fered the  following  resolution: 

111]  Resolved,  That  the  report  of  the  Committee  on  Printing  and 
Binding  be  recommitted  to  said  Committee  with  instructions  to  as- 
certain from  the  State  Printers  and  report  to  this  body  at  what  cost  per 
volujne  of  eight  hundred  pages  solid  brevier,  same  size  and  style  of  the 
Pennsylvania  Debates,  and  one  thousand  copies  of  the  proceedings  and 
debates  of  this  Convention  will  be  furnished  by  them,  also  the  cost  per 
column  solid  brevier,  of  ten  columns  per  day  in  the  Daily  Tribune  to- 
gether with  the  cost  of  five  hundred  copies  daily  of  said  paper  to  be  fur- 
nished this  Convention. 


216  JOURNAL  OF  THE  MISSOURI 

Mr.  McAfee  ofTered  the  following  amendment: 

Amend  by  adding  the  following:  Resolved,  That  the  Committee 
on  Printing  and  Binding  be  required  to  inquire  also,  and  report  as  soon 
as  practicable,  whether  the  expense  of  printing  and  binding  done  for  this 
Convention  must,  under  existing  law,  be  paid  for  out  of  its  contingent 
fund. 

which  was  read  and  agreed  to. 

The  resolution  as  amended  was  adopted. 
Mr.  Cottey  offered  the  following  resolution: 

Resolved,  That  it  is  the  sense  of  this  Convention  that  any  member 
introducing  a  resolution  for  reference  to  a  committee  shall  not  be  al- 
lowed to  accompany  the  same  with  any  explanatory  remarks. 

which  was  read  and  not  adopted. 

On  motion  of  Mr.  Broadhead  the  Convention  adjourned 
until  tomorrow,  9  o'clock  a.  m. 


TUESDAY,  MAY  18,  1875 

MORNING  SESSION 

The    Convention   m^et   pursuant   to   adjournment,    the 
President  in  the  chair. 

Prayer  by  the  Rev.  Mr.  Barrett. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Conway  offered  the  follov/ing  resolution: 

Resolved,  That  the  Committee  on  Judiciary  be  instructed  to  inquire 
into  the  expediency  of  incorporating  into  the  Constitution  provisions 
substantially  as  follows: 

Section .     The    Governor,    Lieutenant-Governor,    Secretary    of 

State,  State  Auditor,  State  Treasurer,  Attorney-General  and  all  judges 
of  courts  of  record  shall  be  liable  to  impeachment  for  high  crimes  and 
misdemeanors. 

Section .     The  House  of  Representatives  shall  have  the    sole 

power  of  impeachment.  All  impeachments  shall  be  tried  by  a  special 
commission  composed  of  five  eminent  jurists  to  be  elected  by  the  Senate. 
Whenever  articles  of  impeachment  have  been  found  against  any  officer 
112]  above  designated,  it  shall  be  the  duty  of  such  committee  as  soon 
as  chosen,  to  proceed  at  once  to  the  trial  of  the  impeachment  at  the 
Capital,  having  first  been  sworn  to  do  justice  according  to  law  and 
evidence,  provided,  that  when  the  Governor  is  tried  the  Chief  Justice  shall 
be  a  member  of  said  commission  and  shall  preside,  and  four  eminent 


CONSTITUTIONAL  CONVENTION,   1875       217 

jurists  shall  be  selected  as  above  provided  for,  who,  with  the  Chief  Jus- 
tice, shall  constitute  the  commission  to  try  the  Governor  in  ease  of  his 
impeachment:  and  provided,  that  whenever  any  judges  of  courts  of 
record  are  to  be  tried  said  commission  shall  proceed  to  the  place  where 
the  high  crimes  or  misdemeanors  or  the  most  of  them  with  which  such 
judges  may  be  charged  are  alleged  to  have  been  committed  and  shall 
there  try  such  impeachment.  Such  commission  shall  receive  such 
compensation  as  shall  be  provided  for  by  law,  and  the  Legislature  shall 
provide  for  paying  the  expenses  of  such  trials  as  are  herein  contemplated. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Judicial  Department. 

Mr.  Allen  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Judiciary  examine  into  the 
expediency  of  amending  the  Constitution  by  inserting  therein  in  lieu 
of  Section  seventeen  of  Article  VI,  a  section  which  shall  be  as  follows: 

Section :     The  General  Assembly  shall  provide  by  law  for  holding 

circuit  courts  when  there  is  a  vacancy  in  the  office  of  the  judge  of  any 
circuit,  or  when  the  judge  shall  fail  to  attend  or  if  in  attendance  cannot 
from  sickness  or  other  cause  properly  preside. 

which  was  read  and  on  m.otion  referred  to  the  Committee 
on  Judicial  Department. 

Mr.  Taylor  of  St.  Louis  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Legislative  Department  be  in- 
structed to  inquire  into  the  expediency  of  reporting  an  amendment 
to  the  Constitution  requiring  the  Governor,  by  and  with  the  consent 
of  the  Senate,  at  the  first  session  of  the  Legislature  after  this  proposed 
Constitution  goes  into  effect  and  every  ten  years  thereafter,  to  appoint 
three  persons  well  skilled  in  the  law,  as  a  commission  to  revise  and 
codify  the  Senate  *  laws  of  this  State. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Legislative  Department. 

Mr.  McCabe  asked  for  leave  of  absence  for  Mr.  Alex- 
ander, which  was  granted. 

The  special  order  being  the  consideration  of  the  Pre- 
1131  amble  and  Bill  of  Rights,  which  was  taken  up,  Mr. 
Bradfield  moved  that  the  Convention  go  into  Committee 
of  the  Whole  for  the  consideration  of  the  same,  which  was 
agreed  to. 

Mr.  Switzler  in  the  chair. 


*This  is  an  error.     The  word  "senate"  shouJd  have  been  omitted. 


218  JOURNAL  OF  THE  MISSOURI 

On  motion  of .  Mr.  Norton  the  Committee  rose,  the 
President  took  the  chair  and  called  the  Convention  to  order. 

Mr.  Switzler,  chairman  of  the  Committee,  reported 
progress  but  arrived  at  no  definite  action  and  asked  leave 
to  sit  again.     Leave  was  granted. 

Mr.  Shields  moved  that  the  Convention  go  into  Com- 
mittee of  the  Whole  at  9  o'clock  a.  m.  tomorrow  for  the 
further  consideration  of  the  Preamble  and  Bill  of  Rights, 
which  was  agreed  to. 

On  motion  of  Mr.  Brockmeyer  the  Convention  ad- 
journed until  tomorrow,  9  o'clock  a.  m. 


WEDNESDAY,  MAY  19,  1875 

The  Convention  rnet  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  Rev.  Mr.  Keady. 

The  journal  of  yesterday  was  read  and  approved. 

Mr  Norton  from  the  Committee  on  Representation, 
Representative  and  Senatorial  Districts  submitted  the  fol- 
lowing report: 

Mr.   President: 

The  Committee  on  Representation  and  Representative  and  Sena- 
torial Districts,  having  had  under  consideration  those  parts  of  the  Const- 
tution  relating  to  these  subjects  and  also  the  various  resolutions  which 
have  been  referred  to  it,  recommends  the  adoption  of  the  following  sec- 
tions, and  that  they  be  incorporated  in  the  Constitution  to  be  framed 
by  this  Convention  as  part  thereof. 

ARTICLE 

Section  1.  The  House  of  Representatives  shall  consist  of  members 
to  be  chosen  every  second  year  by  the  qualified  voters  of  the  several 
counties  and  apportioned  in  the  following  manner: 

The  ratio  of  representation  shall  be  ascertained  at  each  apportion- 
ing session  of  the  General  Assembly  by  dividing  the  whole  number  of 
inhabitants  of  the  State  as  ascertained  by  the  last  decennial  census  of  the 
114]  United  States  by  the  number  two  hundred.  Each  county  having 
one  ratio,  or  less,  shall  be  entitled  to  one  Representative,  each  county 
having  two  and  one-half  times  said  ratio  shall  be  entitled  to  two  Repre- 
sentatives, each  county  having  four  times  said  ratio  shall  be  entitled  to 
three  Representatives,  each  county  having  six  times  said  ratio  shall  be 
entitled  to  four  Representatives,  and  so  on  above  that  number,  giving  one 


CONSTITUTIONAL  CONVENTION,   1875       219 

additional  member  for  every  two  and  a  half  additional  ratios.  When 
any  county  shall  be  entitled  to  more  than  one  Representative  the  county 
court  shall  cause  such  county  to  be  subdivided  into  as  many  compact 
and  convenient  districts  as  such  county  may  be  entitled  to  Representa- 
tives, which  districts  shall  be  as  near  as  may  be  of  equal  population,  and 
the  qualified  voters  of  each  of  such  districts  shall  elect  one  Representative 
who  shall  be  a  resident  of  such  district,  provided,  that  when  any  county 
shall  be  entitled  to  more  than  ten  Representatives  the  county  court 
shall  cause  such  county  to  be  subdivided  into  districts  so  as  to  give  each 
district  not  less  than  two  nor  more  than  four  Representatives,  who  shall 
be  residents  of  such  districts. 

Section  3.  *  No  person  shall  be  a  member  of  the  House  of  Repre- 
sentatives who  shall  not  have  attained  the  age  of  twenty  four  years,  who 
shall  not  be  a  male  citizen  of  the  United  States,  who  shall  not  have  been 
a  qualified  voter  of  this  State  two  years  and  an  inhabitant  of  the  county 
or  district  which  he  may  be  chosen  to  represent  one  year  next  before  the 
day  of  his  election,  if  such  county  or  district  shall  have  been  so  long 
established,  but  if  not  then,  of  the  county  or  district  from  which  the  same 
shall  have  been  taken,  and  who  shall  not  have  paid  a  State  and  county 
tax  within  one  year  next  preceding  the  election. 

Section  4.  The  Senate  shall  consist  of  thirty-four  members,  to  be 
chosen  by  the  qualified  voters  for  four  years,  for  the  election  of  whom  the 
State  shall  be  divided  into  convenient  districts. 

Section  5.  No  person  shall  be  a  Senator  who  shall  not  have  attained 
the  age  of  thirty  years;  who  shall  not  be  a  male  citizen  of  the  United 
States;  who  shall  not  have  been  a  qualified  voter  of  this  State  three  years 
and  an  inhabitant  of  the  district  which  he  may  be  chosen  to  represent 
one  year  next  before  the  day  of  his  election,  if  such  district  shall  have 
been  so  long  established,  but  if  not,  then  of  the  district  or  districts  from 
which  the  same  shall  have  been  taken,  and  who  shall  not  have  paid  a  State 
and  county  tax  within  one  year  next  preceding  the  election.  When  any 
county  shall  be  entitled  to  more  than  one  senator  the  county  court  shall 
115]  cause  such  county  to  be  subdivided  into  as  many  compact  and 
convenient  districts  as  such  county  may  be  entitled  to  senators,  which 
districts  shall  be  as  near  as  may  be  of  equal  population;  and  the  qualified 
voters  of  each  of  such  districts  shall  elect  one  Senator,  who  shall  be  resi- 
dent of  such  district. 

Se<ition  6.  Senators  shall  be  appointed  among  their  respective  dis- 
tricts as  nearly  as  may  be  according  to  the  number  of  inhabitants  in  each, 
as  ascertained  by  the  last  decennial  census  taken  by  the  United  States. 

Section  7.  Senators  and  representatives  shall  be  chosen  according 
to  the  rule  of  apportionment  established  in  this  Constitution,  until  the 
next  decennial  census  taken  by  the  United  States  shall  have  been  made 
and  the  result  thereof  as  to  this  State  ascertained,  when  the  appor- 
tionment shall  be  revised  and  adjusted  on  the  basis  of  that  census,  and 
every  ten  years  thereafter  upon  the  basis  of  the  United  States  census, 
such  apportionment  to  be  at  the  first  session  of  the  General  Assembly 
after  each  decennial  census  taken  by  the  United  States. 

♦Section  2  omitted. 


220  JOURNAL  OF  THE  MISSOURI 

Section  8.  Until  an  apportionment  of  Representatives  can  be  made 
in  accordance  with  ttie  provisions  of  this  article  the  House  of  Represen- 
tatives shall  consist  of  one  hundred  and  forty-three  members,  which 
shall  be  divided  amonsf  the  several  counties  of  the  State  as  follows:  The 
county  of  St.  Louis  shall  have  teventeen  members;  the  county  of  Jackson 
four  members;  county  of  Buchanan  three  members;  the  counties  of 
Franklin,  Gieene,  Johnson,  Lafayette,  Macon,  Marion,  Pike  and  Saline 
each  two  members,  and  each  of  the  other  counties  in  the  State  one  mem- 
ber. 

Section  9.  Senatorial  and  representative  districts  may  be  altered 
from  time  to  time  as  public  convenience  may  require.  When  any  sena- 
torial district  shall  be  composed  of  two  or  more  counties  they  shall  be 
contiguous,  such  districts  to  be  as  compact  as  may  be  and  in  the  forma- 
tion of  the  same  no  county  shall  be  divided. 

Section  10.  The  first  election  of  Senators  and  Representatives  under 
this  Constitution  shall  be  held  at  the  general  election  in  the  year  1876 
where  the  whole  number  of  Representatives  shall  be  chosen  and  the 
Senators  from  the  districts  having  odd  numbers  who  shall  compose  the 
first  class,  and  in  1878  the  Senators  from  the  districts  having  even  num- 
bers, who  shall  compose  the  second  class,  and  so  on  at  each  succeeding 
general  election  one-half  the  Senators  provided  for  by  this  Constitution 
shall  be  chosen. 

Section  11.  The  General  Assembly  at  its  first  meeting  after  the 
adoption  of  this  Constitution  shall  divide  the  State  into  senatorial  dis- 
tricts in  accordance  with  the  provisions  of  this  article  and  in  districting 
the  State  or  any  county  for  the  election  of  Senators  the  district  shall  be 
numbered  so  as  to  effectuate  the  division  of  Senators  into  classes  and 
116]  their  election  as  provided  for  by  this  Constitution. 

E.   H.   Norton,   Chairman. 

which  was  read  and  on  motion  one  hundred  copies  ordered 
printed. 

Mr.  Broadhead  from  the  Committee  on  Represen- 
tative, Representation  and  Senatorial  Districts  submitted 
the  following  views  of  the  minority  of  said  Committee  and 
recommended  the  adoption  of  the  accompanying  amend- 
ment to  the  majority  report  of  the  Committee. 

VIEWS  AND  AMENDMENTS  RECOMMENDED  BY  THE  MIN- 
ORITY   OF    THE    COMMITTEE     ON    REPRESENTATION, 
REPRESENTATIVE  AND  SENATORIAL  DISTRICTS. 

The  undersigned,  a  minority  of  the  Committee  on  Representation, 
Representative  and  Senatorial  Districts,  beg  leave  to  report  that  they 
cannot  agree  to  the  report  of  the  Committee.  According  to  the  last 
fedtral  census,  the  total  population  of  the  State  is  1,722,102.  Applying 
the  rule  established  by  the  report  of  the  Committee  to  the  different 


CONSTITUTIONAL  CONVENTION,   1875       221 


counties  of  the  State,  it  will  appear  that  there  are  forty  counties  having 
the  ratio  and  less,  each  of  which  will  be  entitled  to  one  Representative, 
one  of  them  only,  the  county  of  Schuyler,  having  a  small  fraction  over 
the  ratio.  These  forty  counties  contain  an  aggregate  population  of 
only  two  hundred  and  twenty-eight  thousand  seven  hundred  and  ninety- 
four  (228,794),  making  the  average  ratio  5,179  only,  or  one  representa- 
tive for  5,719  inhabitants.  The  counties  with  their  population  are  as 
follows: 

Counties  having  the  ratio  and  less,  40. 


Atchison.  . 
Barton ... 
Bollinger. . 

Butler 

Camden.  . 
Carter.  .  .  . 
Christian .  . 
Crawford .  . 

Dade 

Dallas .... 

Dent 

Douglas..  . 
Dunklin.  . 
Hickory..  . 
Howell..  .  . 

Iron 

McDonald. 
Madison.  . 
Maries. .  .  . 
Miller.  .  .  . 


8 


Mississippi . 


,440 
,087 
,162 
,298 
,108 
,455 
,707 
,982 
,683 
,383 
,357 
,915 
,982 
,452 
,218 
,278 
,226 
,849 
,916 
,616 
,982 


Morgan 

New  Madrid.  . 

Oregon 

Ozark 

Pemiscot 

Pulaski 

Reynolds 

Ripley 

St.  Clair 

Ste.  Genevieve. 

Schuyler 

Scott 

Shannon 

Stoddard 

Stone. 

Taney 

Wayne 

Worth 

Wright 


Total  population. 


,454 
,357 
,287 
,363 
,059 
.714 
,756 
,175 
,742 
,384 
,820 
,317 
,339 
,535 
,253 
,407 
,068 
,004 
,684 


228,794 


117]  There  will  be  eleven  counties  having  more  than  one  Represent- 
ative, with  an  aggregate  representation  of  forty  members,  and  an  ag- 
gregate population  of  631,975,   as  follows: 

Repre- 
sentatives.  Population 


St.  Louis  county. . 
Buchanan  county . 
Franklin  county.  . 
Green  county. .  .  . 
Jackson  county. .  . 
Johnson  county. . 
Lafayette  county . 
Macon  county. .  . 
Marion  county .  . 

Pike  county 

Saline  county. .  .  . 


17 

351,189 

3 

35,109 

2 

30,098 

2 

21,509 

4 

55,041 

2 

24,684 

2 

22,623 

2 

23,230 

2 

23,780 

2 

23,076 

2 

21,672 

Total. 


631,975 


222 


JOURNAL  OF  THE  MISSOURI 


thus  giving  an  average  ratio  for  each  Representative  of  15,799  popula- 
tion or  one  Representative  for  each  15,799  of  inhabitants.  The  remain- 
ing sixty-three  counties  of  the  State  would  have  one  Representative 
each,  and  the  aggregate  population  of  these  counties  is  861,661,  giving 
an  average  ratio  for  each  Representative  in  these  sixty-three  counties 
13,677  of  population,  or  one  representative  for  13,677  inhabitants. 
These  sixty-three  counties  with  their  population  are  as  follows: 


Adair 11,448 

Andrew 15,137 

Audrain 12,307 

Barry 10,373 

Bates 15,960 

Benton 11,322 

Boone 20,765 

Caldwell 11,390 

Callaway 19,902 

Cape  Girardeau 17,555 

Carroll 17,446 

Cass 19,296 

"Cedar 9,474 

Chariton 19,136 

Clark 13,637 

Clay 15,564 

Clinton 14,063 

Cole 10,292 

Cooper 20 ,  692 

Daviess 14,410 

DeKalb 9,858 

Gasconade 10,093 

Gentry 11,607 

Grundy 10,567 

Harrison 14,635 

Henry 17,401 

Holt 11,652 

Howard 17,233 

Jasper 14,928 

Jefferson 15,380 

Knox 10,974 

Laclede 9,380 

Lawrence 13  ,  067 


Lewis 15,114 

Lincoln 15,960 

Linn 15,900 

Livingston 16,730 

Mercer 11 ,557 

Moniteau 11 ,375 

Monroe 17,149 

Montgomery 10,405 

Newton 12,821 

Nodaway 14,751 

Osage 10,793 

Perry 9,877 

Pettis 18,706 

Phelps 10,506 

118]Platte 17,353 

Polk 12,445 

Putnam 11,217 

Ralls 10,510 

Randolph 15,908 

Ray 18,700 

St.  Charles 21,304 

Scotland 10,670 

Shelby 10,119 

Sullivan 11,907 

Texas 9,618 

St.  Francois 9 ,  742 

Vernon 11,247 

Warren 9,673 

Washington 11,719 

Webster 10,437 


Total 861,661 


It  will  be  seen  that  the  average  inequality  between  tlie  largest  class 
of  counties  and  the  smallest  is  about  three  to  one,  and  between  the 
medium  sized  counties  and  the  smallest  about  two  and  a  half  to  one, 
and  the  inequalities  between  individual  counties  much  greater,  being  in 
some  cases  as  much  as  ten  to  one. 

Now,  whilst  it  is  admitted  that  so  long  as  we  preserve  county  lines 
and  county  representation,  it  is  impossible  to  arrive  at  exact  equality 
in  representativin,  we  claim  that  it  can  be  made,  and  ought  to  be  made 


CONSTITUTIONAL  CONVENTION,   1875       223 

more  nearly  equal  than  under  the  plan  proposed  by  the  Committee.  In 
a  spirit  of  compromise,  we  submit  the  following  proposition,  claiming 
for  it  a  much  nearer  approach  to  equality  than  the  plan  submitted  by 
the  Committee.  Amend  by  striking  out  all  of  Section  two,  down  to 
words  "additional  ratio,"  and  insert: 

"Section  2.  The  House  of  Representatives  shall  consist  of  members 
to  be  chosen  every  second  year  by  the  qualified  voters  of  the  several 
counties  and  apportioned  in  the  following  manner:  The  ratio  of  repre- 
sentation shall  be  ascertained  at  each  apportioning  session  of  the  Gen- 
eral Assembly,  by  dividing  the  whole  number  of  inhabitants  of  the  State 
as  ascertained  by  the  last  United  States  census,  by  the  number  of  two 
hundred;  each  county  having  one  ratio  or  less,  shall  be  entitled  to  one 
Representative;  each  county  having  twice  the  ratio  shall  be  entitled  to 
two  Representatives;  each  county  having  three  and  a  half  times  the 
119]  ratio,  shall  be  entitled  to  three  Representatives;  each  county  hav- 
ing six  times  the  ratio  shall  be  entitled  to  four  Representatives,  and 
so  on  above  that  number,  giving  four  additional  members  for  every  six 
additional  ratios."  This  will  give  to  the  counties  of  Boone,  Callaway, 
Cape  Girardeau,  Carroll,  Cass,  Chariton,  Cooper,  Greene,  Henry, 
Howard,  Johnson,  Lafayette,  Macon,  Marion,  Pettis,  Pike,  Platte,  Ray, 
St.  Charles,  and  Saline,  two  Representatives  each;  to  Buchanan  and 
Franklin  counties  three  Representatives  each;  to  Jackson,  four  and 
St.  Louis  twenty-four  Representatives,  and  making  the  whole  number  of 
Representatives  one  hundred  and  sixty-four,  only  twenty-one  more  than 
the  number  provided  for  in  the  report  of  the  Committee.  To  this  we 
see  no  objections.  A  large  body  is  less  easily  controlled  by  outside  in- 
fluences and  not  likely  to  curse  the  country  with  a  super-abundance 
of  legislation. 

All  of  which  is  respectfully  submitted, 

Jas.  O.  Broadhead, 
Albert  Todd. 

which  was  read  and  on  motion  ordered  printed  with  the 
report  of  the  majority  of  the  Committee. 

Mr.  Broadhead  moved  that  the  report  of  the  Committee 
and  the  amendment  recommended  by  the  minority  of  the 
Committee  be  made  the  special  order  for  Wednesday,  May 
26,  1875,  at  10  o'clock  a.  m.  and  that  the  same  be  con- 
sidered in  Committee  of  the  Whole,  which  was  agreed  to. 

Mr.  Ray  offered  the  following  resolution: 

Resolved,  The  Government  of  counties  shall  be  uniform  throughout 
the  State;  and  shall  consist  of  the  following  officers:  one  justice  of  the 
county  court,  clerk  of  the  county  court,  clerk  of  the  circuit  court,  who 
shall  be  ex  ojficio  recorder,  prosecuting  attorney,  a  sheriff,  collector, 
treasurer,  surveyor,  public  administrator,  assessor,  commissioner  of 
common  schools,  coroner,  and  such  other  officers  as  may  become  neces- 
sary ;  provided,  that  in  counties  having  a  less  population  than  ten  thous- 


224  JOURNAL  OF  THE  MISSOURI 

and  the  officeL.  of  sheriff  and  collector  may  be  combined;  and  in  counties 
having  more  than  ten  thousand  inhabitants  the  offices  of  circuit  clerk 
and  recorder  shall  be  separate,  and  upon  petition  of  a  majority  of  the 
qualified  voters  of  such  last  named  counties,  the  county  court  thereof 
may  establish  a  court  of  common  pleas,  with  probate  jurisdiction  and 
order  an  election  therefor. 

2.  Towns  and  cities  having  a  less  population  than  fifty  thousand 
inhabitants  may  be  incorporated  under  a  general  law  of  the  General 
120]  Assembly,  under  such  rules  and  regulations  and  with  such  officers 
as  may  be  deemed  expedient.  But  after  their  incorporation  such  rules, 
regulations  and  officers  shall  not  be  altered  or  abolished  without  the 
consent  of  a  majority  of  the  legal  voters  of  said  towns  and  cities.  Cities 
having  more  than  fifty  thousand  inhabitants  shall  be  incorporated  under 
the  provisions  of  an  organic  law,  to  be  framed  and  adopted  by  themselves 
after  the  same  manner  in  which  this  Constitution  is  framed  and  adopted, 
and  which  shall  be  in  strict  accordance  with  this  said  Constitution  and 
said  organic  law  shall  provide  for  the  election  of  a  mayor  and  city  coun- 
cil to  consist  of  an  upper  and  a  lower  house,  and  such  other  officers  as  may 
be  deemed  necessary.  Said  members  of  the  two  houses  of  said  city 
council  shall  possess  the  same  qualifications  as  the  members  of  the  cor- 
responding branch  of  the  General  Assembly  of  this  State,  and  the  mem- 
bers of  the  lower  house  shall  consist  of  at  least  twice  the  number  as  the 
aforesaid  upper  house. 

3.  And  the  said  organic  law  shall  be  amended  and  altered  in  the 
same  manner  as  is  provided  for  the  alteration  or  amendment  of  this  Con- 
stitution; but  in  no  other  manner. 

which  was  read  and  on  molion  referred  to  the  Comrnittee 
on  Executive  and  Ministerial  Officers  of  the  County  and 
Municipal  Government. 

Mr.    Norton    from    the    Committee    on    Printing    and 
Binding  submitted  the  following  report: 

Mr.  President: 

The  Committee  on  Printing  and  Binding  having  had  under  consid- 
eration the  following  resolution:  "That  the  report  of  the  Committee 
on  Printing  and  Binding  be  recommitted  to  said  Committee  with  in- 
structions to  ascertain  from  the  State  Printer  and  report  to  this  body 
at  what  cost  per  volume  of  800  pages  solid  brevier,  same  size  and  style 
of  the  Pennsylvania  Debates,  of  the  proceedings  and  debates  of  this 
Convention  will  be  furnished  by  them.  Also  the  cost  per  volume  solid 
brevier  of  ten  columns  per  day  in  the  Daily  Tribune  together  with  the 
cost  of  500  copies  daily  of  said  paper  to  be  furnished  this  Convention. 
Secondly,  That  the  Committee  on  Printing  and  Binding  be  required  to 
inquire  also  and  report  as  soon  as  practicable  whether  the  expense  of 
printing  and  binding  must  be  paid  for  out  of  the  contingent  fund." 
121]  would  respectfully  report,  that  the  State  Printers  prepare  to  print 
the  proceedings  and  debates  of  the  Convention  on  the  following   terms: 


CONSTITUTIONAL  CONVENTION,   1875       225 

Cost  per  volume  of  800  pages  solid  brevier,  same  size  and  style  of 
the  Pennsylvania  Debates,  at  $2  per  volume  including  binding. 
The  cost  of  1000  copies  of  one  volume  of  800  pages  of  the 

proceedings  and  debates  would  therefore  amount   to. .  .     $2,000.00 

Your  Committee  states,  that  a  session  of  50  days  would  require  the 
publication  of  two  volumes  at  a  cost  of  $4,000.00. 
Cost  of  preserving  proceedings  and  debates  in  shorthand. .  . .        $500.00 

Cost  of  writing  out  the  same 2,500.00 

Estimated  cost  of  printing  Journal 2,100.00 

Cost  of  printing  bill  work 500.00 

Cost  of  papers  ordered  by  Convention 500.00 

Cost  of  printing  500  copies  of  Constitution 160.00 

Cost   of   2000   copies   of   the   Constitution   in   the   German 

language 160.00 

The  cost  of  printing  the  proceedings  and  debates  in  the 

Daily  Tribune  solid  brevier  per  column 2.00 

10  columns 20.00 

500  copies  Daily  Tribune 12.50 

Total  for  paper  and  printing  per  day 32.50 

For  a  session  of  50  days  the  cost  of  printing  the  proceedings 

and  debates  in  the  Daily  Tribune  and  furnishing  daily 

500  copies  thereof  would  be 1,625.00 

The  cost  of  printing  out  shorthand  notes  for  such  publication. .        1,500.00 

The  Committee  further  reports  that  under  existing  laws  the  contin- 
gent fund  is  the  only  fund  out  of  which  the  printing  and  binding  done  for 
this  Convention  can  be  paid.  All  of  which  is  respectfully  submitted  for 
such  action  as  the  Convention  may  choose  to  take. 

which  was  read  and  on  motion  laid  over  informally. 
Mr.  Pipkin  offered  the  following  resolution: 

Resolved,  That  no  member  nor  officer  of  this  body  shall  receive  per 
diem  pay  for  any  time  in  traveling  to  and  from  the  Capital  and  that  the 
Committee  on  Accounts  are  hereby  instructed  to  audit  all  claims  of  mem- 
bers and  officers  accordingly. 

which  was  read  and  on  motion  of  Mr.  Farris  referred  to  the 
Committee  on  Accounts. 

Mr.  Edwards  of  St.  Louis  moved  that  the  President 
appoint  two  additional  members  on  the  Committee  on  Banks 
and  Corporations,  which  was  agreed  to. 

The  President  announced  the  following  as  additional 
122]  members  of  the  Committee  on  Banks  and  Corporations: 
Shields  and  Fyan. 

The  hour  of  10  o'clock  having  arrived  the  special  order 
being  the  consideration  of  the  Preamble  and  Bill  of  Rights, 
it  was  taken  up. 

8 


226  JOURNAL  OF  THE  MISSOURI 

The  Convention  went  into  Committee  of  the  Whole, 
Mr.  Switzler  in  the  chair. 

On  motion  of  Mr.  Edwards  of  St.  Louis  the  Committee 
rose. 

The  President  took  the  chair  and  called  the  Convention 
to  order. 

Mr.  Switzler,  chairman  of  the  Committee,  reported 
progress  but  arrived  at  no  definite  action  and  asked  leave  to 
sit  again.     Leave  was  granted. 

Mr.  Shields  moved  that  the  Convention  go  into  Com- 
mittee of  the  Whole  at  9  o'clock  a.  m.  tomorrow  for  the 
further  consideration  of  the  Preamble  and  Bill  of  Rights, 
which  was  agreed  to. 

On  motion  of  Mr.  Taylor  of  Jasper  the  Convention  ad- 
journed until  tomorrow,  9  o'clock  a.  m. 


THURSDAY,  MAY  20,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  Rev.  Mr.  Barrett. 

The  journal  of  yesterday  was  read  and  approved. 

The  special  order  being  the  consideration  of  the  Pre- 
amble and  Bill  of  Rights,  it  was  taken  up. 

On  motion  the  Convention  went  into  Committee  of  the 
Whole,  Mr.  Switzler  in  the  chair. 

On  m.otion  of  Mr.  Alexander  the  Committee  rose,  the 
President  took  the  chair  and  called  the  Convention  to  order. 

Mr.  Switzler,  chairman  of  the  Committee  of  the  Whole, 
reported  that  the  Committee  had  under  consideration  the 
Preamble  and  Bill  of  Rights  and  instructed  him  to  report 
progress,  but  arrived  at  no  definite  action,  and  asked  leave 
to  sit  again. 

Leave  was  granted, 

Mr.  Halliburton  moved  that  the  Convention  go  into 
Committee  of  the  Whole  at  9  o'clock  a.  m.  tomorrow  for 


CONSTITUTIONAL  CONVENTION,   1875       227 

123]  the   further  consideration  of  the   Preamble   and  Bill 
of  Rights,  which  was  agreed  to. 

Mr.  McCabe  from  the  Committee  on  Executive  and 
Ministerial  Departments  of  State  Government,  submitted 
the  following  report: 

Mr.  President: 

Your  Committee  to  wh^ch  was  referred  the  resolution  No.  206  in- 
structing the  Committee  to  inquire  into  the  expediency  of  so  amend- 
ing the  Constitution  as  to  provide  for  abolishing  the  office  of  Adjutant 
General  and  Register  of  Lands  and  making  the  Secretary  of  State  ex 
officio  Adjutant-General  and  the  State  Auditor  ex  ojficio  Register  of 
Lands,  respectfully  report  as  follows:  That  neither  of  said  offices  being 
provided  for  by  the  Constitution  of  the  State,  and  therefore  subjected 
to  be  abolished  or  to  have  their  duties  upon  some  other  department  of 
the  government  by  the  power  which  created  them,  your  Committee 
recommends  that  the  said  resolution  be  referred  to  the  Committee  on 
Legislative  Department  of  State  Government. 

which  was  read  and  agreed  to. 

Mr.  Watkins  ofYered  the  following  resolution: 

Resolved,  That  the  Committee  on  the  Judicial  Department  take 
into  consideration  an  amendment  to  the  Constitution  authorizing  the 
attorneys  practicing  at  court,  in  the  absence,  or  non-attendance  of  the 
judge  from  any  cause,  to  elect  one  of  their  own  number  as  judge  pro  tern, 
who  shall  perform  all  the  duties  of  judge  as  prescribed  by  law,  excepting 
that  he  shall  not  sit  upon  and  determine  any  cause  in  which  he  has  been 
retained. 

which  was  read  and  on  motion  referred  to  the  Committee  on 
Judicial  Department. 

On  motion  of  Mr.  Pulitzer,  the  Convention  adjourned 
until  tomorrow,  8  o'clock  and  45  minutes  a.  m. 


FRIDAY,  MAY  21,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  McCabe  from  the  Committee  on  Executive  and 
Ministerial  Departments  of  the  State  Government  submitted 
the  following  report: 


228  JOURNAL  OF  THE  MISSOURI 

Mr.  President: 

Your  Committee  to  which  was  referred  the  article  concerning  the 
124]  Executive  and  Ministerial  Departments  of  the  State  Government 
have  had  the  same  under  careful  consideration  as  well  as  the  various 
resolutions  which  have  been  referred  to  them  by  the  Convention  and  has 
instructed  me  to  make  the  following  report  and  recommend  its  adoption 

as  Article of  the  revised  and  amended  Constitution  of  the  State 

of  Missouri.  They  also  instruct  me  to  say  further,  that  they  have  made 
no  provision  in  the  proposed  article  for  the  election  of  sheriffs  or  coroners 
in  the  different  counties  of  the  State,  considering  that  the  duty  Of  pro- 
viding for  the  election  of  sheriffs  and  prescribing  their  qualifications 
properly  belongs  to  the  Committee  on  the  Executive  and  Ministerial 
Officers  of  Counties  and  Municipal  Corporations. 

REPORT  OF  COMMITTEE  ON  EXECUTIVE  AND  MINISTERIAL 
DEPARTMENTS  OF  THE  STATE  GOVERNMENT. 

ARTICLE 


Section  1.  The  Executive  Department  shall  consist  of  a  Governor, 
Lieutenant-Governor,  Secretary  of  State,  Auditor  of  Public  Accounts, 
Treasurer,  Superintendent  of  Public  Schools,  and  Attorney-General,  all 
of  whom,  except  the  Lieiitenant-Governor,  shall  reside  at  the  seat  of 
government,  during  their  term  of  oifice,  and  keep  the  public  records, 
books  and  papers  there  and  shall  perform  such  duties  as  may  be  prescribed 
by  law. 

Section  2.  The  term  of  office  of  the  Governor,  Lieutenant-Governor, 
Secretary  of  State,  State  Auditor  and  Attorney-General  shall  be  four 
years  from  the  second  Monday  of  January  next  after  election,  and  until 
his  successor  is  elected  and  qualified.  An  election  for  said  officers  under 
this  Constitution  shall  be  held  at  the  general  election  on  the  first  Tuesday 
after  the  first  Monday  in  November  in  the  year  eighteen  hundred  and 
seventy-six,  and  every  four  years  thereafter  and  for  Superintendent  of 
Public  Schools  on  Tuesday  next  after  the  first  Monday  in  November 
in  the  j'^ear  eighteen  hundred  and  seventy-eight  and  every  four  years 
thereafter,  and  for  Treasurer  on  the  first  above  mentioned,  and  every 
two  years  thereafter,  at  such  places  and  in  such  manner  as  may  be  pre- 
scribed by  law. 

Section  3.  The  returns  of  every  election  for  the  above  named  offices 
shall  be  sealed  up  and  transmitted  by  the  returning  officers  to  the  Sec- 
retary of  State,  directed  to  the  Speaker  of  the  House  of  Representatives, 
who  shall  immediately  after  the  organization  of  the  House  and  before 
proceeding  to  the  business,  open  and  publish  the  same  in  the  presence 
125]  of  a  majority  of  each  house  of  the  General  Assembly,  who  shall 
for  that  purpose  assemble  in  the  hall  of  the  House  of  Representatives. 
The  person  having  the  highest  number  of  votes  for  either  of  said  offices 
shall  be  declared  duly  elected,  but  if  two  or  more  shall  have  an  equal 
and  the  highest  number  of  votes,  the  General  Assembly  shall  by  joint 
vote  choose  one  of  such  persons  for  said  oflSee.  Contested  elections  for 
all  of  said  offices  shall  be  determined  by  both  houses  of  the  General  As- 


CONSTITUTIONAL  CONVENTION,   1875       229 

sembly  by  joint  vote,  in  suoh  manner  as  may  be  prescribed  by  law.  The 
Governor  shall  be  ineligible  for  four  years  in  every  period  of  eight  years 
after  his  election. 

Section  4.  The  supreme  executive  power  shall  be  vested  in  a  chief 
magistrate  who  shall  be  styled  "The  Governor  of  the  State  of  Missouri." 

Section  5.  The  Governor  shall  be  at  least  thirty-five  years  old,  a 
male  citizen  of  the  United  States  ten  years,  and  a  resident  of  this  State 
seven  years  next  before  his  election. 

Section  6.  The  Governor  shall  take  care  that  the  laws  be  distrib- 
uted, and  are  faithfully  executed;  and  he  shall  be  a  conservator  of  the 
peace  throughout  the  State. 

Section  7.  The  Governor  shall  be  commander-in-chief  of  the  mil- 
itia of  this  State,  except  when  they  shall  be  called  into  the  service  of  the 
United  States,  and  may  call  out  the  same  to  execute  the  laws,  suppress 
insurrection  and  repel  invasion;  but  he  need  not  command  in  person, 
unless  directed  so  to  do  by  a  resolution  of  the  General  Assembly. 

Section  8.  The  Governor  shall  have  the  power,  by  and  with  the 
advice  and  consent  of  any  two  of  the  officers  of  the  Executive  Depart- 
ment, to  grant  reprieves,  commutations  and  pardons,  after  conviction 
for  all  offenses,  except  treason  and  cases  of  impeachment,  upon  such 
conditions  and  with  such  restrictions  and  limitations  as  he  may  think 
proper  and  subject  to  such  regulations  as  may  be  provided  by  law  rela- 
tive to  the  manner  of  applying  for  pardons.  He  shall  at  suoh  session  of 
the  General  Assembly  communicate  to  that  body  each  case  of  reprieve, 
commutation  or  pardon  granted,  stating  the  name  of  the  convict,  the 
crime  of  which  he  was  convicted,  the  sentence  and  its  date,  the  date  of  the 
commutation,  pardon  or  reprieve,  and  the  reason  for  granting  the  same. 

Section  9.  The  Governor  shall,  from  time  to  time,  give  the  General 
Assembly  information  relative  to  the  state  of  the  government,  and  shall 
recommend  to  their  consideration  such  measures  as  he  shall  deem  neces- 
sary and  expedient.  On  extraordinary  occasions  he  may  convene  the 
General  Assembly  by  proclamation,  wherein  he  shall  state  specially  each 
matter  concerning  which  the  action  of  that  body  is  deemed  necessary, 
and  the  General  Assembly  shall  have  no  power  when  so  convened,  to 
126]  act  upon  any  matter  not  stated  in  the  proclamation,  or  recom- 
mended by  special  message  to  its  consideration  by  the  Governor,  after 
it  shall  have  been  convened. 

Section  10.  The  Governor  shall  at  the  commencement  of  each 
session  of  the  General  Assembly,  and  at  the  close  of  his  term  of  office  give 
information  by  message,  of  the  condition  of  the  State,  and  shall  recom- 
mend such  measures  as  he  shall  deem  expedient.  He  shall  account  to 
the  General  Assembly,  and  accompany  his  message  with  a  statement  of 
all  moneys  received  and  paid  out  by  him  from  any  funds  subject  to  his 
orders,  with  the  vouchers,  and,  at  the  commencement  of  each  regular 
session,  present  estimates  of  the  amount  of  money  required  to  be  raised 
by  taxation  for  all  purposes. 

Section  11.  In  case  of  a  disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment  the  Governor  may,  on  the  same  being 
certified  to  him,  by  the  house  first  moving  the  adjournment,  adjourn 


230  JOURNAL  OF  THE  MISSOURI 

the  General  Assembly  to  such  time  as  he  thinks  proper,  not  beyond  the 
first  day  of  the  next  regular  session. 

Section  12.  When  any  office  shall  become  vacant,  the  Governor, 
unless  otherwise  provided  by  law,  shall  appoint  a  person  to  fill  such 
vacancy  who  shall  continue  in  office  until  a  successor  shall  be  duly  elected, 
or  appointed,  and  qualified  according  to  law. 

Section  13.  The  Governor  shall  have  power  to  remove  any  officer 
whom  he  may  appoint  in  case  of  incompetency,  neglect  of  duty  or  mal- 
feasance in  office;  and  he  may  declare  his  office  vacant,  and  fill  the  same 
as  herein  provided  in  other  cases  of  vacancy. 

Section  14.  Every  bill  which  shall  have  been  passed  by  both  houses 
of  the  General  Assembly,  before  it  becomes  a  law,  shall  be  presented  to 
the  Governor.  If  he  approve,  he  shall  sign  it;  if  not,  he  shall  return  it, 
with  his  objections,  to  the  house  in  which  it  first  originated;  and  the 
house  shall  cause  the  objections  to  be  entered  at  large  on  its  journals, 
and  shall  proceed  to  reconsider  the  bill.  After  such  reconsideration  if 
two-thirds  of  the  members  elected  to  that  house  shall  agree  to  pass 
the  same,  it  shall  be  sent  together  with  the  objections  to  the  other 
house  by  which  it  shall  likewise  be  reconsidered  and  if  approved  by  two- 
thirds  of  all  the  members  elected  to  that  house,  it  shall  become  a  law. 
In  all  such  cases  the  votes  of  both  such  houses  shall  be  taken  by  yeas 
and  nays,  and  the  names  of  the  members  voting  for  and  against  the  bill 
shall  be  entered  on  the  journals  of  each  house  respectively.  If  any 
bill  shall  not  be  returned  by  the  Governor  within  ten  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  the  same  shall 
127]  become  a  law,  in  like  manner  as  if  the  Governor  had  signed  it, 
unless  the  General  Assembly  by  its  adjournment,  shall  prevent  its  return, 
in  which  case  it  shall  not  become  a  law,  unless  the  Governor,  after  such 
adjournment,  and  within  ten  days  after  the  bill  was  presented  to  him 
(Sundays  excepted)  shall  sign  and  deposit  the  same  in  the  office  of  the 
Secretary  of  State,  in  which  ease  it  shall  become  a  law,  in  like  manner 
as  if  it  had  been  signed  by  him  during  the  session  of  the  General  As- 
sembly. If  any  bill  presented  to  the  Governor  contain  several  items 
of  appropriation  of  money,  he  may  object  to  one  or  more  items  while  ap- 
proving the  other  portions  of  the  bill.  In  such  case  he  shall  append 
to  the  bill  at  the  time  of  signing  it  a  statement  of  the  items  to  which 
he  objects,  and  the  appropriations  so  objected  to  shall  not  take  effect. 
If  the  Legislature  be  in  session,  he  shall  transmit  to  the  house  in  which 
the  bill  originated,  a  copy  of  such  statement,  and  the  items  objected  to 
shall  be  separately  reconsidered.  If  on  reconsideration  one  or  more 
of  such  items  be  approved  by  two-thirds  of  the  members  elected  to  each 
house,  the  same  shall  be  part  of  the  law,  notwithstanding  the  objections 
of  the  Governor.  All  the  provisions  of  this  section  in  relation  to  bills 
not  approved  by  the  Governor,  shall  apply  in  cases  in  which  he  may  with- 
hold his  approval  from  any  item  or  items  contained  in  a  bill  appro- 
priating money. 

Section  15.  Every  resolution  to  which  the  concurrence  of  the  Senate 
and  House  of  Representatives  may  be  necessary,  except  on  questions  of 
adjournment,  or  going  into  joint  session,  and  of  amending  this  Consti- 


CONSTITUTIONAL  CONVENTION,   1875       231 

tution,  shall  be  presented  to  the  Governor;  and  before  the  same  shall  take 
effect,  shall  be  proceeded  upon  in  the  same  manner  as  in  the  case  of  a 
bill,  provided,  hovjever,  that  no  resolution  shall  have  the  effect  to  repeal, 
extend  or  alter  or  amend  any  law. 

Section  16.  The  Lieutenant-Governor  shall  possess  the  same 
qualifications  as  the  Governor  and  by  virtue  of  his  office  shall  be  Presi- 
dent of  the  Senate.  In  Committee  on  the  Whole  he  may  debate  on  all 
questions,  and  when  there  is  an  equal  division,  shall  give  the  easting 
vote  in  the  Senate,  and  also  in  joint  vote  of  both  houses. 

Section  17.  In  case  of  death,  conviction  on  impeachment,  failure 
to  qualify,  resignation,  absence  from  the  State,  or  other  disability  of  the 
Governor,  the  powers,  duties  and  emoluments  of  the  office  for  the  resi- 
due of  the  term  or  until  the  disability  shall  be  removed,  shall  devolve 
upon  the  Lieutenant-Governor. 

Section  18.  The  Senate  shall  choose  a  President  pro  tempore  to 
preside  in  case  of  the  absence  or  impeachment  of  the  Lieutenant-Governor 
or  when  he  shall  hold  the  office  of  Governor.  If  there  be  no  Lieutenant- 
128]  Governor,  or  if  the  Lieutenant-Governor  shall  for  any  of  the  causes 
specified  in  section  seventeen  of  this  article,  become  incapable  of  per- 
forming the  duties  of  the  office,  the  President  of  the  Senate  shall  act  as 
Governor  until  the  vacancy  is  filled  or  the  disability  removed;  and  if  the 
President  of  the  Senate  for  any  of  the  above  named  causes  shall  become 
incapable  of  performing  the  duties  of  Governor,  the  same  shall  devolve 
on  the  Speaker  of  the  House  of  Representatives,  in  the  same  manner  and 
with  the  same  powers  and  compensation,  as  are  prescribed  in  the  case  of 
the  office  devolving  on  the  Lieutenant-Governor. 

Section  19.  The  Lieutenant-Governor  or  the  President  of  the  Sen- 
ate pro  tempore,  while  presiding  in  the  Senate,  shall  receive  the  same 
compensation  as  shall  be  allowed  to  the  Speaker  of  the  House  of  Repre- 
sentatives. 

Section  20.  No  person  shall  be  eligible  to  the  office  of  Secretary 
of  State,  Auditor  of  Public  Accounts,  Treasurer,  Superintendent  of  Pub- 
lic Schools,  or  Attorney-General  unless  he  be  a  male  citizen  of  the  United 
States  and  at  least  twenty-five  years  old,  and  shall  have  resided  in  this 
State  at  least  five  years  next  before  his  election. 

Section  21.  The  Secretary  of  State  shall  be  the  custodian  of  the 
seal  of  State  and  shall  authenticate  therewith  all  official  acts  of  the  Gov- 
ernor, his  approbation  of  laws  excepted.  The  said  seal  shall  be  called  the 
"Great  Seal  of  the  State  of  Missouri;"  and  the  emblems  and  devices 
thereof  heretofore  prescribed  by  law,  shall  not  be  subject  to  change. 

Section  22.  The  Secretary  of  State  shall  keep  a  register  of  the  official 
acts  of  the  Governor  and  when  necessary  shall  attest  them,  and  shall  lay 
copies  of  the  same  together  with  copies  of  all  papers  relative  thereto, 
before  either  house  of  the  General  Assembly  whenever  required  to  do  so. 

Section  23.  An  account  shall  be  kept  by  the  officers  of  the  Execu- 
tive Department,  and  of  all  the  public  institutions  of  the  State,  of  all 
moneys  and  choses  in  action  received  and  all  moneys  and  choses  in  action 
disbursed  or  otherwise  disposed  of  by  them,  severally,  from  all  sources 
and  for  every  service  performed,  and  a  semi-annual  report  thereof  shall 


232  JOURNAL  OF  THE  MISSOURI 

be  made  to  the  Governor  under  oath.  The  Governor  may  at  any  time 
require  information  in  writing  under  oath  from  the  officers  of  the  Execu- 
tive Department  and  all  officers  and  managers  of  State  institutions  upon 
any  subject  relating  to  the  condition,  management,  and  expenses  of  their 
129]  respective  offices  and  institutions  and  any  officer  who  at  any  time 
makes  a  false  report  shall  be  guilty  of  perjury  and  punished  accordingly. 

Section  24.  The  Governor  shall  commission  all  officers  not  otherwise 
provided  for  by  law.  All  commissions  shall  run  in  the  name  and  by  the 
authority  of  the  State  of  Missouri,  be  sealed  with  the  State  seal,  signed 
by  the  Governor  and  attested  by  the  Secretary  of  State. 

Section  25.  The  officers  named  in  this  article  shall  receive  for  their 
service  a  salary,  to  be  established  by  law,  which  shall  not  be  increased 
or  diminished  during  their  official  terms,  and  they  shall  not,  after  the 
expiration  of  the  terms  of  those  in  office  at  the  adoption  of  this  Con- 
stitution, receive  to  their  own  use  any  fees,  costs,  perquisites  of  office, 
or  other  compensation.  And  all  fees  that  may  hereafter  be  payable  by 
law  for  any  service  performed  by  any  officer  provided  for  in  this  article 
of  the  Constitution  shall  be  paid  in  advance  into  the  State  treasury. 

Section  26.  An  office  is  a  public  position  created  by  the  Constitution 
or  law,  continuing  during  the  pleasure  of  the  appointing  power,  or  for  a 
fixed  time,  with  a  successor  elected  or  appointed,  and  employment  is  an 
agency  for  a  temporary  purpose,  which  ceases  when  that  purpose  is 
accomplished. 

which  was  read  and  on  motion  laid  over  informally  and  one 
hundred  copies  ordered  printed. 

Mr.  Nickerson  asked  for  leave  of  absence  for  Mr. 
Dryden,  which  was  granted. 

The  special  order,  being  the  consideration  of  the  Pre- 
amble and  Bill  of  Rights,  was  taken  up. 

The  President  declared  that  in  pursuance  of  the  motion 
of  Mr.  Halliburton,  agreed  to  yesterday,  the  Convention 
would  now  go  into  Committee  of  the  Whole  for  the  further 
consideration  of  the  Preamble  and  Bill  of  Rights. 

Mr.  Switzler  in  the  chair. 

Mr.  Norton  moved  that  the  Committee  rise,  report 
progress  and  ask  leave  to  sit  again  at  2  o'clock  this  after- 
noon. 

Mr.  Massey  moved  to  amend  by  inserting  "9  o'clock 
tomorrow,"  which  was  not  agreed  to. 

The  question  recurring  on  agreeing  to  the  motion  of 
Mr.  Norton,  it  was  agreed  to. 

The  President  took  the  chair  and  called  the  Convention 
to  order. 


CONSTITUTIONAL  CONVENTION,   1875       233 

Mr.  Switzler,  chairman  of  the  Committee  of  the  Whole 
to  which  was  referred  the  Preamble  and  Bill  of  Rights,  re- 
130]  ported  that  the  Committee  have  had  the  same  under 
consideration  and  instructed  him  to  report  progress,  but 
arrived  at  no  definite  action  and  asked  leave  to  sit  again  at 
2  o'clock  this  afternoon.     Leave  was  granted. 

Mr.  Pulitzer  asked  leave  of  absence  for  Mr.  Todd,  which 
was  granted. 

Mr.  Edwards  of  Iron  presented  a  petition  from  the  citi- 
zens of  Iron  county  in  relation  to  public  schools,  which  was 
read  and  on  motion  referred  to  the  Committee  on  Educa- 
tion. 

On  motion  of  Mr.  Priest  the  Convention  adjourned 
until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  special  order,  being  the  consideration  of  the  Pre- 
amble and  Bill  of  Rights,  was  taken  up. 

The  hour  of  two  o'clock  having  arrived  the  President 
announced  that  in  pursuance  of  leave  granted  at  the  morn- 
ing session,  the  Convention  would  now  go  into  Committee 
of  the  Whole  for  the  further  consideration  of  the  Preamble 
and  Bill  of  Rights,  Mr.  Switzler  in  the  chair. 

Mr.  Rider  moved  that  the  Committee  rise,  report  prog- 
ress and  ask  leave  to  sit  again,  which  was  agreed  to. 

The  President  took  the  chair  and  called  the  Convention 
to  order. 

Mr.  Switzler,  chairman  of  the  Committee  of  the  Whole, 
to  which  was  referred  the  Preamble  and  Bill  of  Rights,  re- 
ported that  the  Committee  has  had  the  same  under  consid- 
eration and  instructed  him  to  report  progress,  but  had  ar- 
rived at  no  definite  action  and  asked  leave  to  sit  again. 
Leave  was  granted. 


234  JOURNAL  OF  THE  MISSOURI 

Mr.  Shields  moved  that  the  Committee  have  leave  to 
sit  again  tomorrow  at  9  o'clock  a.  m.,  which  was  agreed  to. 

On  motion  of  Mr.  Roberts  the  Convention  adjourned 
until  tomorrow,  8  o'clock  and  45  minutes  a.  m. 


131]  SATURDAY,  MAY  22,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  the  Rev.  Mr.  Prottsman. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Rucker  asked  leave  of  absence  for  Mr.  Switzler 
for  two  days,  which  was  granted. 

Mr.  Chrisman  asked  leave  of  absence  for  Mr. Black  for 
three  days,  which  was  granted. 

Mr.  Cottey  asked  leave  of  absence  for  Mr.  Farris, 
which  was  granted. 

Mr.  Nickerson  presented  a  remonstrance  from  certain 
citizens  of  Benton,  Henry,  Johnson,  and  Pettis  counties 
against  engrafting  a  clause  in  the  new  Constitution  that: 

No  county  shall  be  divided  nor  territory  taken  from  any  county 
without  the  majority  of  the  legal  voters  so  agree. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Boundaries  and  Political  Subdivisions  of  the  State. 

The  President  read  a  communication  from  Hon.  S.  D. 
Houston,  a  member  of  the  Constitutional  Convention  of 
1859  of  the  State  of  Kansas,  which  was  on  motion  referred 
to  the  Committee  on  Revenue  and  Taxation. 

The  hour  of  9  o'clock  having  arrived,  the  President  an- 
nounced that  in  pursuance  of  the  motion  of  Mr.  Shields  on 
yesterday  the  Convention  would  now  go  into  Committee 
of  the  Whole  for  the  further  consideration  of  the  Preamble 
and  Bill  of  Rights. 

Mr.  Pulitzer  in  the  chair. 

Mr.   Norton  moved  that  the   Committee  rise,   report 


CONSTITUTIONAL  CONVENTION,   1875       235 

progress  and  ask  leave  to  sit  again  at  10  o'clock  Monday 
morning,  which  was  agreed  to. 

The  President  took  the  chair  and  called  the  Convention 
to  order. 

Mr.  Pulitzer,  chairman  of  the  Committee  of  the  Whole, 
to  which  was  referred  the  Preamble  and  Bill  of  Rights,  re- 
ported that  the  Committee  has  had  the  same  under  con- 
sideration and  instructed  him  to  report  progress,  but  had 
arrived  at  no  definite  action,  and  asked  leave  to  sit  again 
Monday  at  10  o'clock  a.  m.     Leave  was  granted. 

On  motion  of  Mr.  Lay  the  Convention  adjourned  until 
Monday,  9  o'clock  a.  m. 


132]  MONDAY,  MAY  24,  1875 

MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  the  Rev.  Mr.  Parker. 

The  journal  of  Saturday  was  read  and  approved. 

On  motion  of  Mr.  Holliday,  leave  of  absence  was  granted 
Mr.  Lackland  for  two  days. 

On  motion  of  Mr.  Crockett,  leave  of  absence  was 
granted  Mr.  Taylor  of  Jasper  for  two  days. 

On  motion  of  Mr.  Alexander,  leave  of  absence  was 
granted  to  Mr.  McCabe. 

Mr.  Crews  presented  the  following  Memorial  from  cer- 
tain citizens  of  Franklin  county: 

TO  THE  MEMBERS  OF  THE  CONSTITUTIONAL  CONVENTION 
OF  MISSOURI   OF   1875. 

Gentlemen  oj  the  Convention: 

The  undersigned  citizens  of  the  State  of  Missouri,  having  learned 
from  long  experience  the  inconvenience  and  hardship  imposed  upon 
the  people  arising  from  conflicting  and  uncertain  statute  laws,  too  often 
the  result  of  hasty  enactments  and  as  hasty  repeals,  so  that  neither  the 
formal  nor  effective  operations  of  our  laws  can  scarcely  be  kept  pace 
with,  even  by  our  most  eminent  lawyers,  saying  nothing  of  other  classes 


236  JOURNAL  OF  THE  MISSOURI 

equally  affected  whose  location  prevents  them  from  giving  attention  to 
the  laws  affecting  their  most  common  rights,  and  believing  as  we  do  that 
the  primary  cause  of  the  uncertainties  and  inconveniences  complained  of 
are  caused  by  the  law  making  power. 

To  the  end,  therefore,  that  the  people  of  this  State  should  have  an 
opportunity  to  test  by  trial  and  experience  of  greater  duration  whether 
the  operative  or  effective  laws  are  good  or  bad;  and  sound  and  reasonable 
laws  shall  be  enacted;  and  that  men  of  experience  and  sound  discretion 
shall  be  chosen  to  frame  wholesome  and  salutary  laws;  and  to  prevent 
hasty  and  vindictive  legislation  which  unavoidably  follow  the  alternate 
success  of  the  political  parties;  and  that  onerous  taxation  incident  to  the 
unnecessary  annual  meeting  of  the  General  Assembly  shall  be  avoided. 
Pray  that  you,  who  have  been  chosen  to  revise  and  amend  the  Consti- 
133]  tution  of  this  State,  will  so  revise  and  amend  the  present  Constitu- 
tion in  respect  to  Legislative  and  Executive  Departments  of  the  State 
Government,  so  that  each  Governor  hereafter  to  be  elected,  shall  hold 
his  office  four  years,  and  until  a  successor  shall  be  duly  elected  and  quali- 
fied instead  of  for  two  years,  as  is  now  provided;  and  that  the  House 
of  Representatives  shall  consist  of  members  to  be  chosen  every  fourth 
year  by  the  qualified  voters  of  the  several  counties,  instead  of  every  second 
year  as  now  provided.  And  that  the  General  Assembly  shall  meet  in 
regular  session  once  in  every  four  years  and  not  oftener  unless  convened 
by  the  Governor  in  necessary  eases. 

And  your  petitioners  as  in  duty  bound  will  ever  pray. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Executive  and  Ministerial  Departments  of  the  State 
Government. 

Mr.  Hale  presented  the  following  petition  from  certain 
citizens  of  Livingston  county: 

To  the   President  and   Members  oj  the  Constitutional  Convention  oj  the 

State  oj  Missouri,  now  in  session. 

The  undersigned  petitioners  would  most  respectfully  represent  to 
your  honorable  body  now  forming  the  fundamental  law  of  the  State, 
That  we  are  residents  of  the  county  of  Livingston,  owners  of  real  estate, 
and  taxpayers  of  said  county,  paying  city,  State  and  county  taxes,  that 
we  desire  to  see  incorporated  in  the  new  Constitution  now  forming 
the  principle:  That  no  taxes  shall  be  voted  upon  taxpayers  by  persons 
who  pay  no  taxes;  that  no  bonds  of  indebtedness  shall  be  issued  in  any  city 
township  or  county,  except  where  the  same  are  imposed  by  a  two-thirds 
majority  vote  of  the  taxpayers;  that  taxpayers  shall  have  a  vote  on  ques- 
tions of  taxation,  if  minors,  by  guardian  and  persons  of  full  age  in  person 
or  by  power  of  attorney,  without  reference  to  sex;  that  we  are  clearly 
of  opinion  that  no  protection  to  property  is  afforded  the  citizen  taxpayer 
where  irresponsible  non-taxpayers  can  vote  a  heavy  debt  on  the  propertly 
holders  and  taxpayers,  and  this  often  in  matters  of  very  questionable 
utility;  that  such  voting  is  only  a  mode  of  confiscation  utterly  at  var- 


CONSTITUTIONAL  CONVENTION,   1875       237 

iance  with  good  government  and  the  properly  established  rights  of  prop- 
erty. We,  therefore,  ask  some  conservative  features  in  the  new  Consti- 
tution giving  better  assurance  of  protection  to  property,  and  as  in  duty 
bound  will  ever  pray,  etc. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Revenue  and  Taxation. 

On  motion  of  Mr.  Gottschalk,  leave  of  absence  was 
granted  to  Mr.  Broadhead. 

Mr.  Massey  moved  that  a  committee  of  three  be  ap- 
134]  pointed  by  the  President,  whose  duty  it  shall  be  to  ex- 
amine the  book  journal,  as  written  up  from  day  to  day, 
and  report  to  this  Convention,  which  was  adopted. 

Thereupon  the  President  announced  the  appointment 
of  the  following  named  members,  as  such  committee. — B.  F. 
Massey,  E.  H.  Norton,  T.  J.  Johnston. 

On  motion  of  Mr.  Maxey  the  Convention  resolved 
itself  into  Committee  of  the  Whole  for  the  further  consid- 
eration of  the  Preamble  and  Bill  of  Rights. 

Mr.  Gottschalk  in  the  chair. 

At  5:30  p.  m.,  Mr.  Shields  moved  that  the  Committee 
rise,  report  progress  and  ask  leave  to  sit  again,  which  was 
agreed  to. 

The  President  took  the  chair  and  called  the  Convention 
to  order. 

Mr.  Gottschalk,  chairman  of  the  Committee  of  the 
Whole,  to  which  was  referred  the  Preamble  and  Bill  of  Rights 
reported  that  the  Committee  has  had  the  same  under  con- 
sideration and  instructed  him  to  report  progress,  but  ar- 
rived at  no  definite  action  and  asked  leave  to  sit  again. 

Mr.  Shields  moved  that  the  Committee  have  leave  to 
sit  again  tomorrow  at  9  o'clock  a.  m.,  which  was  granted. 

On  motion  of  Mr.  Spaunhorst  the  Convention  ad- 
journed until  tomorrow  at  8  o'clock  and  45  minutes  a.  m. 


238  JOURNAL  OF  THE  MISSOURI 


TUESDAY,  MAY  25,  1875 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  the  Rev.  Mr.  Barrett. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Holliday  offered  the  following  resolution: 

Resolved,  That  hereafter  no  member  of  the  Committee  of  the  Whole, 
shall  be  allowed  to  speak  longer  than  ten  minutes  at  a  time  on  any  prop- 
osition except  by  unanimous  consent  of  the  Committee,  pronded,  this 
rule  shall  only  apply  to  the  Committee  of  the  Whole. 

which  was  read  and  adopted. 

The  hour  of  9  o'clock  having  arrived,  the  President 
announced  that  in  pursuance  of  the  motion  of  Mr.  Shields 
on  yesterday,  the  Convention  would  now  resolve  itself  into 
Committee  of  the  Whole  for  the  further  consideration  of 
the  Pream.ble  and  Bill  of  Rights. 
135;         Mr.  Gottschalk  in  the  chair  at  5  o'clock  p.  m. 

Mr.  Lackland  moved  that  the  Committee  rise,  report 
progress  and  ask  leave  to  sit  again,  which  was  agreed  to. 

The  President  took  the  chair  and  called  the  Convention 
to  order. 

Mr.  Gottschalk,  chairman  of  the  Committee  of  the 
Whole,  to  which  was  referred  the  Preamble  and  Bill  of 
Rights,  reported  that  the  Committee  has  had  the  same  under 
consideration,  and  instructed  him  to  report  back  to  the 
Convention,  Section  seventeen  of  the  Bill  of  Rights  as  sub- 
mitted by  the  Committee  on  Preamble  to  the  Constitution 
and  Bill  of  Rights,  with  the  recommendation  that  it  be 
referred  to  the  Committee  on  Revenue  and  Taxation,  and 
instructed  him  further  to  report  progress,  but  had  arrived 
at  no  definite  action  and  asked  leave  to  sit  again. 

On  motion  of  Mr.  Spaunhorst  that  part  of  the  report 
of  the  Committee  referring  to  Section  seventeen  of  the  Bill 
of  Rights  was  referred  to  the  Committee  on  Revenue  and 
Taxation. 

Mr.  Letcher  offered  the  follou-ing  resolution: 


CONSTITUTIONAL  CONVENTION,   1875       239 

Resolved,  That  the  Committee  on  Federal  Relations  be  and  is  hereby- 
instructed  to  inquire  into  the  expediency  of  incorporating  a  pro\ision  in 
the  Constitution  to  the  following  effect:  That  the  union  of  the  states 
under  the  Constitution  of  the  United  States  and  the  independence  of  the 
several  states  as  respects  the  rights  of  local  self-government,  cannot  sub- 
sist, the  one  without  the  other,  and  therefore  the  powers  vested  by  the 
Constitution  in  the  government  or  in  any  department  or  office  of  this 
State,  shall  not  be  construed  to  disparage  or  deny  the  relations  of  the 
State  to  the  Union,  as  a  co-equal  member  of  the  same,  nor  the  allegiance 
due  from  citizens  of  the  State  to  the  government  of  the  United  States 
under  the  Constitution  thereof. 

which  v/as  read  and  on  motion  referred  to  the  Committee 
on  Federal  Relations. 

Mr.  Rippey  presented  the  following  petition  from 
various  citizens  of  the  State: 

To  the   Honorable  Speaker  and  Members  of  State  Constitutional  Conven- 
tion While  in  Convention  Assembled. 

Your  petitioners,  citizens  and  taxpayers  of  your  State,  would  re- 
spectfully represent  that  they  desire  to  have  embodied  in  the  Consti- 
tution of  the  State  of  Missouri  in  substance  the  following  resolution: 
136]  Resolved,  That  the  Legislature  shall  have  power  to  pass  laws 
regulating,  restricting  or  prohibiting  the  manufacture  or  the  traffic  in 
intoxicating  liquors,  and  to  that  end  may  confiscate  all  liquors  manu- 
factured or  sold  in  violation  of  its  acts. 

which  was  read  and  on  m.otion  referred  to  the  Committee 
on  Legislative  Department. 

Mr.  Johnson  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Elections  and  Electors  be  in- 
structed to  inquire  into  the  expediency  of  incorporating  into  the  re- 
vised Constitution  as  a  qualification  of  the  right  to  the  elective  franchise 
the  following:  That  hereafter  no  person  in  the  State,  otherwise  quaKfied 
as  an  elector,  shall  be  entitled  to  vote  at  any  election  authorized  by  law 
unless  the  person  offering  to  vote  shall  have  paid  all  taxes  assessed  against 
him  which  he  was  legally  liable  to  pay,  for  the  year  next  preceding  that 
on  which  such  person  offers  to  vote. 

which  was  read  and  on  motion  referred  to  the  Committee  on 
Elections  and  Electors. 

Mr.  Shields  asked  that  the  Committee  of  the  Whole 
have  leave  to  sit  again  tomorrow  at  9  o'clock  a.  m.,  which 
was  granted. 

On  m.otion  of  Mr.  Roberts  the  Convention  adjourned 
until  tom.orrow  at  8:30  a.  m. 


240  JOURNAL  OF  THE  MISSOURI 


WEDNESDAY,  MAY  26,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Holliday  rose  to  a  question  of  privilege  and  stated 
that  the  report  in  the  State  Journal  of  the  proceedings  of 
the  Convention  of  yesterday,  misrepresented  him  in  the 
question  of  imprisonment  for  debt,  that  he  was  not  in  favor 
of  that  policy  and  offered  no  resolution  advocating  it. 

Mr.  Todd  rose  to  a  question  of  privilege  in  relation  to 
proceedings  in  the  State  Journal  and  stated  that  none  of  the 
amendments  offered  by  him  yesterday  on  the  subject  of 
imprisonment  for  debt  were  to  subject  a  debtor  to  imprison- 
ment because  he  would  not  disclose  concealed  property  to 
137]  be  subjected  to  the  satisfaction  of  his  debts. 

Mr.  Gottschalk  offered  the  following  resolution: 

Resolved,  That  a  special  committee  of  seven  be  appointed  by  the 
President,  whose  duty  it  shall  be  to  take  into  consideration  all  those  ar- 
ticles and  propositions  upon  which  a  separate  vote  of  the  people  may  be 
desired,  such  committee  to  be  styled  the  Committee  on  Propositions 
Separately  to  be  Submitted. 

which  was  read  and  adopted. 

On  motion  of  Mr.  Gottschalk  the  Convention  resolved 
itself  into  Committee  of  the  Whole  for  the  further  considera- 
tion of  the  Preamble  and  Bill  of  Rights. 

Mr.  Spaunhorst  in  the  chair. 

Mr.  Pulitzer  moved  that  the  Committee  rise,  report  pro- 
gress and  ask  leave  to  sit  again,  which  was  agreed  to. 

The  President  took  the  chair  and  called  the  Convention 
to  order. 

Mr.  Spaunhorst,  chairman  of  the  Committee  of  the 
Whole,  to  which  was  referred  the  Preamble  and  Bill  of 
Rights,  reported  that  the  Committee  has  had  the  same 
under  consideration  and  instructed  him  to  report  progress. 


CONSTITUTIONAL  CONVENTION,   1875       241 

but  arrived  at  no  definite  action  and  asked  leave  to  sit 
again  at  9  o'clock  tomorrow.     Leave  was  granted. 

On  motion  of  Mr.  Norton,  the  report  of  the  Committee 
on  Representation,  Representative  and  Senatorial  Districts 
was  taken  up. 

The  further  consideration  was  postponed  and  made 
special  order  for  tomorrow  at  2  o'clock  p.  m. 

Mr.  Alexander  asked  leave  of  absence  for  Mr.  Wallace, 
which  was  granted. 

Mr.  Lackland  asked  leave  of  absence  for  Mr.  Shields 
for  two  days,  and  for  Mr.  Mortell  for  half  a  day,  which  was 
granted. 

On  motion  of  Mr.  Pulitzer,  the  Convention  adjourned 
until  tomorrow,  8  o'clock  and  45  minutes  a.  m. 


THURSDAY,  MAY  27,  1875 

MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  Rev.  Mr.  C.  C.  Woods. 

The  journal  of  yesterday  was  read  and  approved. 
138]         Mr.  Broadhead  offered  the  following  resolution: 

Resolved,  That  Messrs.  Walbridge,  Helland  and  Brown  be  au- 
thorized to  transcribe  the  debates  of  this  Convention  from  their  short- 
hand notes  on  the  terms  heretofore  proposed  by  them,  the  cost  thereof 
to  be  paid  out  of  the  contingent  fund  of  appropriation  for  the  expenses 
of  the  Convention. 

which  was  read  and  adopted. 

Mr.  Rider  asked  leave  of  absence  for  the  sergeant-at- 
arms,  Mr.  Carr,  on  account  of  sickness,  which  was  granted. 

On  motion  of  Mr.  Pulitzer,  the  Convention  resolved 
itself  into  Committee  of  the  Whole  for  the  further  consid- 
eration of  the  Preamble  and  Bill  of  Rights. 

Mr.  Spaunhorst  in  the  chair. 

The  President  resumed  the  chair,  and  called  the  Con- 
vention to  order. 


242  JOURNAL  OF  THE  MISSOURI 

Mr.  Spaunhorst,  chairman  of  the  Committee  of  the 
Whole,  to  which  was  referred  the  Preamble  and  Bill  of 
Rights,  reported  that  the  Committee  has  had  the  same  under 
consideration  and  instructed  him  to  report  progress,  but 
arrived  at  no  definite  action  and  asked  leave  to  sit  again. 
Leave  was  granted. 

Mr.  Broadhead  moved  that  the  Convention  go  into 
Committee  of  the  Whole  on  Tuesday,  June  1st,  at  10  o'clock 
a.  m.  for  the  further  consideration  of  the  Preamble  and  Bill 
of  Rights,  which  was  agreed  to. 

On  motion  of  Mr.  Pulitzer,  the  Convention  took  a  re- 
cess until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  hour  of  recess  having  expired,  the  President  called 
the  Convention  to  order. 

Mr.  Ray  offered  the  following  as  additional  sections  to 
the  Bill  of  Rights: 

Section  1.  The  right  of  trial  by  jury  shall  never  be  abolished  or 
denied. 

Section  2.  No  law  granting  any  right,  privilege  or  immunity  per- 
petual in  its  character  shall  be  passed;  neither  shall  any  law  granting  a 
right,  privilege  or  immunity  be  passed  that  may  not  be  repealed. 

Section  3.  The  largest  majorities  have  not  the  prerogative  to  de- 
prive the  smallest  minorities  of  any  right. 

139]  Section  4.  There  can  be  no  interest  at  war  with  the  interest  of 
the  majority,  for  the  best  interest  of  the  majority  is  the  true  interest 
of  the  whole;  therefore  all  grants  of  power  or  privilege,  not  in  the  interest 
of  the  majority,  are  in  their  nature  void. 

which  was  read  and  on  motion  ordered  printed  and  referred 
to  the  Committee  of  the  Whole  on  next  Tuesday  at  10 
o'clock  a.  m. 

Mr.  Adam.s  offered  the  following  as  a  new  section  to 
the  Preamble  and  Bill  of  Rights: 

Section — .  That  the  right  of  trial  by  jury  as  heretofore  enjoyed 
ought  to  remain  inviolate.     But  a  jury  for  trial  of  criminal  or  civil. cases 


CONSTITUTIONAL  CONVENTION,   1875       243 

in  courts  not  of  record,  may  consist  of  less  than  twelve  men  as  may  be 
prescribed  by  law.  Hereafter  a  grand  jury  shall  consist  of  twelve  men, 
any  nine  of  whom  concurring  may  find  an  indictment  or  a  true  bill;  and 
it  shall  be  the  duty  of  the  grand  jury  in  each  county  at  least  once  a  year, 
to  investigate  the  official  acts  of  all  officers  handling  public  funds  and 
report  the  same  to  the  court. 

which  was  read  and  on  motion  of  Mr.  McAfee  ordered 
printed  and  referred  to  the  Committee  of  the  Whole  when 
considering  the  Preamble  and  Bill  of  Rights  next  Tuesday, 
June  1st,  at  10  o'clock  a.  m. 

Mr.  Letcher  offered  the  following,  to  be  added  as  a  new 
section  to  the  Preamble  and  Bill  of  Rights: 

That  no  person  shall  be  deprived  of  life,  liberty  or  property  without 
due  process  of  law. 

which  was  read  and  on  motion  ordered  printed  and  referred 
to  the  Committee  of  the  Whole  on  Tuesday,  June  1st,  at 
10  o'clock  a.  m. 

Mr.  Crews  ofTered  the  following  as  a  new  section  to  be 
added  to  the  Preamble  and  Bill  of  Rights: 

No  money  shall  be  drawn  from  the  treasury  but  in  consequence  of 
appropriations  made  by  law,  and  a  regular  statement  and  account  of  the 
receipts  and  expenditures  of  all  public  money  shall  be  published  from 
time  to  time. 

which  was  read  and  on  motion  ordered  printed  and  referred 
to  the  Committee  of  the  Whole  on  Preamble  and  Bill  of 
Rights,  Tuesday,  June  1st,  at  10  o'clock  a.  m. 

Mr.  Todd  ofTered  the  following  as  an  amendment  to  be 
added  to  the  Bill  of  Rights: 

That  no  condition  of  any  gift,  grant,  devise,  assignment  or  transfer 
of  money,  property  or  chose  in  action,  for,  and  in  behalf  of,  any  charity, 
140]  religion,  charitable,  educational  or  religious  use  shall  be  valid, 
that  shall  require  the  use,  application  or  enjoyment  thereof,  in  the  loca- 
tion, kind  or  condition  thereof,  as  when  given,  granted,  devised,  assigned 
or  transferred;  provided,  however,  that  no  proceeds  or  profits  thereof  shall 
be  removed  from  this  State  and  in  the  case  of  the  failure,  non-user  or 
lapse,  of  the  use,  the  property,  assets  and  effects  of  the  use,  shall  escheat 
to  the  State. 

which  was  read  and  on  motion  ordered  printed  and  referred 
to  the  Committee  of  the  Whole  on  Preamble  and  Bill  of 
Rights,  Tuesday,  June  1st,  at  10  o'clock  a.  m. 


244  JOURNAL  OF  THE  MISSOURI 

Mr.  Lackland  offered  the  following  as  amendments  to 
added  to  the  Bill  of  Rights: 

SectioD — .  That  no  title  of  nobility  or  hereditary  emoluments, 
privilege,  or  distinction  shall  be  granted. 

Section — .  That  the  people  have  the  right  peaceably  to  assemble 
for  their  common  good  and  to  apply  to  those  vested  with  the  powers  of 
government  for  redress  of  grievances  by  petition  or  remonstrances. 

which  was  read  and  on  motion  ordered  printed  and  referred 
to  the  Committee  of  the  Whole,  Tuesday,  June  1st,  at 
10  o'clock  a.  m. 

Mr.  Carleton  offered  the  following  as  an  additional  sec- 
tion to  be  added  to  and  incorporated  in  the  Bill  of  Rights: 

That  real  estate  valuable  only  for  agricultural  purposes  ought  not 
to  be  subject  to  taxation  for  the  benefit  of  municipalities, 

w^hich  was  read  and  on  motion  ordered  printed  and  referred 
to  the  Committee  of  the  Whole,  Tuesday,  June  1st,  at  10 
o'clock  a.  m. 

The  special  order  being  the  consideration  of  the  amend- 
ment recommended  by  the  minority  to  the  report  of  the 
majority  of  the  Committee  on  Representation,  Representa- 
tive and  Senatorial  Districts,  it  was  taken  up. 

The  President  declared  that  the  Convention  in  pursu- 
ance of  a  previous  motion,  would  now  go  into  Committee 
of  the  Whole  for  the  consideration  of  the  report  of  the  Com- 
mittee on  Representation,  Representative  and  Senatorial 
Districts,  and  the  amendment  recommended  by  the  minor- 
ity of  said  Committee,  Mr.  Pipkin  in  the  chair. 
141]  The  President  resumed  the  chair  and  called  the 
Convention  to  order. 

Mr.  Pipkin,  chairman  of  the  Committee  of  the  Whole, 
to  which  was  referred  the  report  of  the  Committee  on  Rep- 
resentation, Representative  and  Senatorial  Districts  and 
the  amendments  recommended  by  the  minority  of  said 
Committee,  reported  that  the  Committee  has  had  the  same 
under  consideration  and  instructed  him  to  report  progress 
but  arrived  at  no  definite  action  and  asked  leave  to  sit  again 
at  9  o'clock  a.  m.  tomorrow.     Leave  was  granted. 


CONSTITUTIONAL  CONVENTION,   1875       245 

The  President  announced  the  following  Committee  on 
Propositions  Separately  to  be  Submitted — Gottschalk, 
McAfee,  Farris,  Watkins,  Norton,  Hyer,  and  Wagner. 

On  motion  of  Mr.  Cottey,  the  Convention  adjourned 
until  tomorrow,  9  o'clock  a.  m. 


FRIDAY,  MAY  28,  1875 
MORNING  SESSION 

The   Convention   met   pursuant   to   adjournment,   the 
President  in  the  chair. 

Prayer  by  the  Rev.  Mr.  Dulin. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Mortell  offered  the  following  resolution: 

Resolved, 

1.  That  the  Committee  oa  Judicial  Department  be  and  is  hereby 
respectfully  requested  to  inquire  into  the  feasibility  of  abolishing  death 
for  the  crime  of  murder  in  the  first  degree,  and  to  further  inquire  as 
follows : 

2.  That  in  lieu  of  said  punishment  of  death  the  party  found  guilty 
of  the  crime  of  murder  in  the  first  degree  ought  to  be  imprisoned  in  the 
penitentiary  of  this  State  during  his  natural  life. 

3.  For  the  crime  of  murder  in  the  first  degree,  when  a  conviction 
thereof  has  been  had,  the  Governor  of  this  State  is  prohibited  from  ex- 
ercising an  executive  power  or  pardoning  such  convict  for  murder. 

4.  In  all  trials  for  murder  the  court  having  criminal  jurisdiction 
142]  shall  preserve  as  a  part  of  its  record  a  full  and  complete  report  of 
all  the  evidence  in  the  case,  which  evidence  shall  be  taken  down  during 
the  trial  by  a  stenographic  or  photographic  reporter  as  the  judge  of  said 
court  shall  see  fit  to  appoint  either,  and  the  same  when  transcribed  and 
sworn  to  by  the  one  taking  the  same  before  said  judge  and  certified  to  by 
the  prosecuting  attorney  in  charge  of  said  ease  and  by  the  counsel  of  the 
accused  as  well  as  by  the  judge  before  whom  the  case  was  tried.  The 
same  shall  be  preserved  among  and  shall  form  a  part  of  the  record  of  said 
court. 

5.  At  any  time  after  a  person  shall  have  been  imprisoned  for  life 
(being  for  murder  in  the  first  degree)  and  facts  shall  have  been  dis- 
covered tending  to  prove  his  innocence  of  the  crime  of  murder  as  afore- 
said, then  it  may  be  embodied  in  the  shape  of  affidavits  to  the  facts,  which 
affidavits  shall  be  submitted  to  the  Supreme  Court  of  this  State  as  well 
as  the  certified  record  of  the  court  before  whom  the  accused  was  tried, 
which  certificate  shall  have  attached  a  truthful  copy  of  the  original  of  all 
evidence  heard  and  the  instructions  given  by  the  court  concerning  such 


246  JOURNAL  OF  THE  MISSOURI 

crime  where  the  party  was  convicted,  and  if  the  court  upon  examination 
of  such  testimony  and  affidavits  shall  be  of  opinion  that  the  case  should 
again  be  tried  it  shall  make  an  order  to  that  effect. 

6.  Such  new  trial  when  ordered  by  the  Supreme  Court  shall  be 
ordered  without  delay  in  the  county  and  court  where  the  conviction  was 
had. 

7.  At  such  new  trial  all  of  the  testimony  shall,  as  taken  in  the  case, 
and  certified  as  aforesaid,  if  the  witness  be  not  living,  be  read  in  evidence 
at  such  trial  both  for  the  State  and  defendant. 

8.  Should  such  party  on  a  new  trial  be  acquitted  he  shall  at  once 
be  discharged  from  imprisonment,  but  if  he  be  again  convicted  he  shall 
be  remanded  to  imprisonment  during  his  life  time. 

which  was  read  and  on  motion  of  Mr.  Ray  referred  to  the 
Committee  on  Judicial  Department. 

Mr.  Broadbead,  by  consent,  read  the  following  telegram: 

St.  Louis,  Mo.,  May  28,  1875. 
Hon.  Jas.  O.  Broadhead, 
Jefferson  City,  Mo. 

Tender  to  the  Convention  the  use  of  the  Temple  for  three  months 
free,  fully  equipped,  desks  and  janitors. 

Geo.  W.  Ford. 

143]  Mr.  Lackland  asked  leave  of  absence  for  Mr.  Mc- 
Kee,  which  was  granted. 

Mr.  Dysart  asked  leave  of  absence  for  Mr.  Rippey, 
which  was  granted. 

The  hour  of  9  o'clock  having  arrived,  the  President 
announced  that  in  pursuance  of  leave  granted  yesterday, 
the  Convention  would  now  go  into  Committee  of  the  Whole 
for  the  consideration  of  the  amendment  recommended  by 
the  minority  of  the  Committee  on  Representation,  Repre- 
sentative and  Senatorial  Districts,  to  the  report  of  the 
Committee.  The  President  resumed  the  chair  and  called 
the  Convention  to  order. 

Mr.  Alexander,  chairman  of  the  Committee  of  the 
Whole,  to  which  was  referred  the  amendment  recommended 
by  the  minority  of  the  Committee  on  Representation, 
Representative  and  Senatorial  Districts  to  the  report  of  the 
Committee,  reported  that  the  Committee  has  had  the  same 
under  consideration  and  instructed  him  to  report  progress, 
but  arrived  at  no  definite  action  and  asked  leave  to  sit  again 
at  2  o'clock  p.  m.     Leave  was  granted. 


CONSTITUTIONAL  CONVENTION,   1875       247 

Mr.  Lay  presented  the  credentials  of  Mr.  Horace  B. 
Johnson^elected  a  member  from  the  twenty-seventh  sena- 
torial district  to  fill  a  vacancy  occasioned  by  the  death  of 
Hon.  T.  J.  Kelley. 

On  motion,  Mr.  Johnson  came  forward  and  was  sworn 
in  by  the  Hon.  R.  W.  Fyan,  Judge  of  the  Fourteenth  judicial 
circuit. 

Mr.  Crews  presented  a  communication  from  Hon. 
Augustus  W.  Alexander  in  relation  to  punishm.ents  and 
charities.  On  motion  the  reading  was  dispensed  with  and 
referred  to  the  Committee  on  Miscellaneous  Provisions. 

On  motion  of  Mr.  Wagner,  the  Convention  took  a 
recess  until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  hour  of  recess  having  expired,  the  President  called 
the  Convention  to  order. 

Mr.  Dryden  offered  the  following  resolution: 

Resolved,  That  the  Committee  of  the  Whole  consider  the  ex- 
pediency of  incorporating  into  the  Bill  of  Rights  a  provision  substan- 
tially as  follows:  No  person  shall  suffer  capital  punishment  who  shall 
have  been  convicted  upon  circumstantial  evidence  alone. 

which  was  read  and  on  motion  referred  to  the  Committee 
of  the  Whole  on  Preamble  and  Bill  of  Rights,  Tuesday, 
June  1st,  at  10  o'clock  a.  m. 

144]  The  President  announced  that  the  Convention 
would  now  go  into  Committee  of  the  Whole  for  the  Consid- 
eration of  the  am.endments  to  the  report  of  the  Committee 
on  Representation,  Representative  and  Senatorial  Dis- 
tricts recommended  by  the  minority  of  said  Committee. 

Mr.  Alexander,  chairman  of  the  Committee  of  the 
Whole,  to  which  was  referred  the  amendment  recommended 
by  the  minority  of  the  Commiittee  on  Representation,  Rep- 
resentative and  Senatorial  Districts  to  the  report  of  the  Com- 
mittee, reported  that  the  Committee  has  had  the  same 
under  consideration  and  instructed  him  to  report  progress. 


248  JOURNAL  OF  THE  MISSOURI 

but  had  arrived  at  no  definite  action  and  asked  leave  to  sit 
again.     Leave  was  granted. 

Mr.  Adams  asked  leave  of  absence  for  Messrs.  Shackel- 
ford and  Ross  of  Morgan,  which  was  granted. 

Mr.  Massey  asked  leave  of  absence  for  Mr.  Norton, 
which  was  granted. 

Mr.  Edwards  of  Iron,  asked  leave  of  absence  for  Mr. 
Pipkin,  which  was  granted. 

Mr.  Brockmeyer  moved  that  when  the  Convention 
adjourns,  it  adjourn  until  next  Tuesday  at  9  o'clock  a.  m., 
which  was  agreed  to. 

Mr.  Brockmeyer  moved  that  the  Convention  go  into 
Committee  of  the  Whole  on  Monday,  June  7,  1875,  for  the 
further  consideration  of  the  report  of  the  Committee  on 
Representation,  Representative  and  Senatorial  Districts, 
which  was  agreed  to. 

Mr.  Todd  offered  the  following  resolution: 

Resolved,  That  the  Secretary  of  State  be  requested  to  furnish  to 
the  Convention  a  map  of  the  State,  with  county  sub-divisions  on  as 
large  a  scale  as  he  can  conveniently,  to  be  hung  up  in  the  hall  of  the  Con- 
vention. 

which  was  read  and  adopted. 

On  motion  of  Mr.  Mortell  the  Convention  adjourned. 


TUESDAY,   JUNE  1,  1875 
MORNING  SESSION 

The   Convention   met   pursuant   to   adjournment,   the 
President  in  the  chair. 
145]         Prayer  by  the  Rev.  Mr.  Parker. 

The  journal  of  Friday,  May  28th,  was  read  and  ap- 
proved. 

On  motion  of  Mr.  Holliday,  leave  of  absence  was  granted 
Mr.  Lackland. 

Mr.  Massey  moved  to  reconsider  the  vote  by  which  the 
Committee  of  the  Whole  was  allowed  to  sit  again  at   10 


CONSTITUTIONAL  CONVENTION,   1875       249 

o'clock  a.  m.  for  the  further  consideration  of  the  Preamble 
and  Bill  of  Rights  and  that  the  same  be  taken  up  and  con- 
sidered by  the  Convention,  which  was  not  agreed  to. 

At  9:30  a.  m.,  on  motion  of  Mr.  Shields,  the  Convention 
resolved  itself  into  Committee  of  the  Whole  for  the  further 
consideration  of  the  Preamble  and  Bill  of  Rights. 

At  3:40  p.  m.  the  President  resumed  the  chair  and 
called  the  Convention  to  order. 

Mr.  Switzler  from  the  Committee  of  the  Whole  sub- 
mitted the  following  report: 

Mr.  President 

I  am  instructed  by  the  Committee  of  the  Whole  to  whom  was  re- 
ferred the  Preamble  and  Bill  of  Rights  to  report  that  they  have  had  the 
same  under  consideration,  according  to  order,  and  instructed  me  to  re- 
port they  have  adopted  the  Bill  of  Rights  with  the  following  amendments 
which  they  recommend  be  passed  by  the  Convention,  and  that  they  be 
discharged  from  the  further  consideration  of  the  subject. 

Wm.  F.  Switzler,  Chairman. 

Mr.  Boone  asked  leave  of  absence  for  Messrs.  Roberts 
and  Taylor  of  St.  Louis,  which  was  granted. 

Mr.  Fyan  asked  leave  of  absence  for  Messrs.  McAfee 
and  Wagner,  which  was  granted. 

Mr.  Shanklin  asked  leave  of  absence  for  Mr.  Hale, 
which  was  granted. 

The  Convention  then  took  up  the  Preamble  and  Bill 
of  Rights  with  the  amendments  recommended  by  the  Com- 
mittee of  the  Whole. 

Section  one  was  read.  The  following  substitute  was 
recommended  by  the  Committee  of  the  Whole  for  Section 
one: 

1.  That  all  political  power  is  vested  in  and  derived  from  the  people: 
that  all  government  of  right  originates  from  the  people,  is  founded  upon 
their  will  and  is  instituted  solely  for  the  good  of  the  whole. 

which  was  read  and  adopted. 

146]  Section  two  was  read.  The  following  substitute 
was  recommended  by  the  Committee  of  the  Whole  for  Sec- 
tion two: 

2.  That  the  people  of  this  State  have  the  inherent,  sole  and  ex- 
clusive right  to  regulate  the  internal  government  and  police  thereof,  and 


250  JOURNAL  OF  THE  MISSOURI 

of  altering  and  abolishing  their  Constitution  and  form  of  government, 
whenever  it  may  be  necessary  to  their  safety  and  happiness.  That  Mis- 
souri is  a  free  and  independent  State  subject  only  to  the  Constitution  of 
the  United  States;  and  as  the  preservation  of  the  states  and  the  main- 
tenance of  their  governments  are  necessary  to  an  indestructible  union 
and  were  intended  to  co-exist  with  it,  the  Legislature  is  not  authorized 
to  adopt,  nor  will  the  people  of  this  State  ever  assent  to,  any  amendment 
or  change  of  the  Constitution  of  the  United  States  which  may  in  any  wise 
impair  the  right  of  local  self-government  belonging  to  the  people  of  this 
State. 

Mr.  Johnson  of  Cole  offered  the  following  amendment 
to  the  substitute: 

Amend  by  striking  out  the  words,  "and  form  of  government,"  in  the 
third  line. 

which  was  read  and  not  agreed  to. 

Mr.  Fyan  offered  the  following  amendment  to  the  sub- 
stitute: 

Amend  by  striking  out  the  entire  section. 

which  was  read  and  not  agreed  to. 

Mr.  Shields  offered  the  following  amendment  to  the 
substitute: 

Amend  the  substitute  by  striking  out  all  after  the  word  "happiness" 
in  the  fourth  line  and  insert  the  following:  "but  every  such  right  should 
be  exercised  in  pursuance  of  law  and  consistently  with  the  Constitution 
of  the  United  States.  That  this  State  shall  ever  remain  a  member  of 
the  American  Union,  that  the  people  thereof  are  a  part  of  the  American 
Nation.  That  every  citizen  of  the  State  owes  paramount  allegiance  to 
the  Constitution  of  the  United  States.  And  that  no  law  or  ordinance 
of  this  State  in  contravention  or  subversive  thereof  can  have  any  binding 
force." 

Mr.  Holliday  called  for  a  division  of  the  question. 

The  question  being  upon  the  motion  to  strike  out  cer- 
tain words,  Messrs.  Eitzen  and  Holliday  demanded  the  ayes 
and  noes. 

The  motion  to  strike  out  was  not  agreed  to  by  the  fol- 
lowing vote: 

AYES 

147]  Boone       Fyan  Johnston  MoKillop  Ross 

Eitzen  Gantt  of  Nodaway  Mudd  of  Polk 

Shields  9 


CONSTITUTIONAL  CONVENTION,   1875       251 


NOES 


Adams 

Crockett 

Hardin 

Nickerson 

Shanklin 

Allen 

Davis 

Holliday 

Norton 

Spaunhorst 

Alexander 

Dysart 

Hyer 

Pipkin 

Switzler 

Black 

Edwards 

Johnson 

Priest 

Taylor 

Bradfield 

of  Iron 

of  Cole 

Pulitzer 

of  Jasper 

Brockmeyer 

Edwards 

Lay 

Rider 

Todd 

Carleton 

of  St.  Louis 

Mabrey 

Rippey 

Wallace 

Chrisman 

Farris 

Massey 

Ross 

Watkins 

Conway 

Halliburton 

Maxey 

of  Morgan 

Mr.  President 

Cottey 

Hammond 

McCabe 

Rucker 

45 

Crews 

ABSENT  WITH  LEAVE 

Broadhead 

Hale 

McKee 

Shackelford 

of  St.  Louis 

Dryden 

Letcher 

Lackland 

Taylor 

Wagner         12 

Gottschalk 

McAfee 

Roberts 
ABSENT 

Mortell 


Ray 


Mr.  Pulitzer  asked  leave  of  absence  for  Mr.  Gottschalk, 
which  was  granted. 

Mr.  Dysart  offered  the  following  amendment: 

Amend  by  dividing  the  second  Section,  so  as  to  make  two  sections 
thereof,  the  first  to  end  with  the  word  "happiness"  in  the  fourth  line  and 
the  remainder  thereof  to  constitute  the  third  Section. 

which  was  read  and  not  agreed  to. 

Mr.  Switzler  offered  the  following  amendment: 

Amend  the  substitute  by  striking  out  the  words,  "it  may  be"  in  the 
third  line  and  insert,  "they  may  deem  it." 

which  was  read  and  agreed  to. 

Mr.  Shanklin  offered  the  following  amendment  to  the 
substitute: 

Amend  by  inserting  after  the  word  "happiness"  in  the  fourth  line 
the  following:  "but  every  such  right  should  be  exercised  in  pursuance  of 
law  and  consistently  with  the  Constitution  of  the  United  States." 

which  was  read. 

The  question  being  upon  agreeing  to  the  amendment, 
Messrs.  Shanklin  and  Switzler  demanded  the  ayes  and  noes. 

The  amendment  was  not  agreed  to  by  the  following  vote: 


252 


JOURNAL  OF  THE  MISSOURI 


AYES 


Allen 

Edwards 

Holliday 

McKillop 

Shanklin 

Boone 

of  Iron 

Johnson 

Mudd 

Shields 

Brockmeyer 

Eitzen 

of  Cole 

Ross 

Switzler        16 

Cottey 

Fyan 

Maxey 

NOES 

of  Polk 

Adams 

Dysart 

Johnston 

Priest 

Spaunhorst 

Alexander 

Edwards 

of  Nodaway 

Pulitzer 

Taylor 

Black 

of  St.  Louis 

Lay 

Ray 

of  Jasper 

Bradfield 

Farris 

Mabrey 

Rider 

Todd 

CarletoD 

Gantt 

Massey 

Rippey 

Wallace 

Conway 

Halliburton 

McCabe 

Ross 

Watkins 

Crews 

Hammond 

Nickerson 

of  Morgan 

Mr,  President 

Crockett 

Hardin 

Norton 

Rucker 

38 

Davis 

Hyer 

Pipkin 

148]    ABSENT  WITH 

LEAVE 

Broadhead 

Hale 

McAfee 

McKee 

Shackelford 

Dryden 

Letcher 

Lackland 

Roberts 

Wagner         1 1 

Gottschalk 

Mr.  Lay  offered  the  following  amendment: 

Amend  the  substitute  by  adding  after  the  word  "happiness"  in  line 
four  the  following:  "subject  only  to  the  limitations  contained  in  the 
Constitution  of  the  United  States." 

which  was  read  and  not  agreed  to. 

On  motion  of  Mr.  Alexander  the  Convention  adjourned 
until  tomorrow,  9  o'clock  a.  m. 


WEDNESDAY    JUNE  2    1875 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  Rev.  Mr.  Dunn. 

The  journal  of  yesterday  was  read  and  approved. 

The  Convention  resumed  the  consideration  of  the  sub- 
stitute recommended  by  the  Committee  of  the  Whole  for 
Section  two  of  the  Preamble  and  Bill  of  Rights  pending  at 
adjournment. 


CONSTITUTIONAL  CONVENTION,   1875       253 

Mr.  Taylor  of  Jasper  offered  the  following  amendment 

to  the  substitute: 

Amend  by  inserting  after  the  word  "happiness"  in  fourth  line  the 
following  words:  "Provided  such  change  be  not  repugnant  to  the  Consti- 
tution of  the  United  States." 

which  was  read  and  adopted. 

Mr.  Switzler  moved  to  reconsider  the  vote  by  which 
the  Committee  on  yesterday  refused  to  divide  the  substitute 
recommended  by  the  Committee  of  the  Whole  for  Section 
two  so  as  to  make  two  sections. 

The  motion  to  reconsider  was  agreed  to. 

Mr.  Switzler  moved  to  divide  the  substitute  for  Section 
two  so  as  to  make  Section  two  end  with  the  words,  "United 
States"  and  Section  three  begin  with  the  words,  "That  Mis- 
souri," which  was  agreed  to. 

Mr.   Todd   offered   the   following   amendment   to   the 

substitute  for  Section  two  as  divided: 

Amend  by  striking  out  the  words,  "and  form  of  government,"  inline 
three. 

which  was  read. 

The   President  decided  the  amendment  out  of  order 
as  being  the  same  that  the  Convention  had  before  refused 
to  adopt. 
149]         Mr.  Todd  appealed  from  the  decision  of  the  chair. 

The  President  then  put  the  question:  Shall  the  de- 
cision of  the  chair  stand  as  the  judgment  of  the  Convention? 

The  decision  of  the  chair  was  sustained. 

The  question  recurring  upon  agreeing  to  the  substitute 
recommended  by  the  Committee  of  the  Whole,  as  amended 
for  Section  two,  it  was  agreed  to. 

The  remaining  part  of  the  substitute  proposed  for  Sec- 
tion three  was  then  taken  up. 

Mr.  Hale  offered  the  following  substitute: 

Amend  by  striking  out  the  proposed  third  Section  and  insert  in  lieu 
thereof  the  following:  "That  Missouri  is  a  free  and  independent  State, 
and  an  equal  member  with  her  sister  states  of  the  American  Union  and 
that  neither  the  State  nor  the  Federal  Government  has  the  constitutional 
right  to  dissolve  said  union  or  to  impair  said  compact." 

which  was  read. 


254 


JOURNAL  OF  THE  MISSOURI 


Mr.  Norton  called  for  a  division  of  the  question. 

The  question  being  upon  the  motion  to  strike  out, 
Messrs.  Gottschalk  and  Watkins  demanded  the  ayes  and 
noes. 

The  motion  to  strike  out  was  rejected  by  the  following 
vote: 


AYES 

Boone 

Gottschalk 

Letcher 

Mudd 

Shields            9 

Gantt 

Hale 

McKillop 
NOES 

Shanklin 

Adams 

Davis 

HoUiday 

Nickerson 

Ross 

Allen 

Dysart 

Hyer 

Norton 

of  Polk 

Alexander 

Edwards 

Johnston 

Pipkin 

Spaunhorst 

Black 

of  Iron 

of  Nodaway  Priest 

Switzler 

Bradfield 

Edwards 

Johnson 

Pulitzer 

Taylor 

Carleton 

of  St.  Louis 

of  Cole 

Ray 

of  Jasper 

Chrisman 

Eitzen 

Lay 

Rider 

Todd 

Conway 

Fyan 

Mabrey 

Rippey 

Wallace 

Cottey 

Halliburton 

Massey 

Roberts 

Watkins 

Crews 

Hammond 

Maxey 

Ross 

Mr.  President 

Crockett 

Hardin 

McCabe 

of  Morgan 

47 

ABSENT  WITH 

LEAVE 

Broadhead 

Lackland 

McKee 

Taylor 

Wagner          8 

Dryden 

McAfee 

Shackelford 

of  St.  Louis 

ABSENT 
Brockmeyer     Farris  Mortell  Rucker  4 

Mr.   Letcher  offered  the  following  substitute  for  the 
proposed  third  Section: 

That  the  union  of  the  states  under  the  Constitution  of  the  United 
States  and  the  independence  of  the  several  states  as  respects  the  right 
150]  of  local  self-government,  cannot  exist  the  one  without  the  other 
thereupon,  the  powers  vested  by  the  Constitution  in  the  government  or 
any  department  or  office  of  this  State  shall  not  be  construed  to  disparage 
or  deny  the  relations  of  this  State  to  the  Union  as  a  co-equal  member  of 
the  same,  or  the  allegiance  due  from  citizens  of  the  State  to  the  govern- 
ment of  the  United  States  under  the  Constitution  thereof. 

which  was  read. 

Mr.  Watkins  moved  the  previous  question,  which  was 
ordered. 


CONSTITUTIONAL  CONVENTION,   1875       255 


The  question  recurring  upon  the  adoption  of  the  sub- 
stitute offered  by  Mr.  Letcher,  Messrs.  Letcher  and  Gott- 
schalk  demanded  the  ayes  and  noes. 

The  substitute  was  not  adopted  by  the  following  vote: 

AYES 


Boone 

Gottschalk 

Johnston 

McKillop 

Shields 

Eitzen 

Hale 

of  Nodaway 
Letcher 

NOES 

Mudd 

Switzler         10 

Adams 

Davis 

Holliday 

Pipkin 

Rucker 

Allen 

Dysart 

Hyer 

Priest 

Shanklin 

Alexander 

Edwards 

Johnson 

Pulitzer 

Spaunhorst 

Black 

of  Iron 

of  Cole 

Ray 

Taylor 

Bradfield 

Edwards 

Lay 

Rider 

of  Jasper 

Carleton 

of  St.  Louis 

1  Mabrey 

Rippey 

Todd 

Chrisman 

Fyan 

Massey 

Roberts 

Wallace 

Conway 

Gantt 

Maxey 

Ross 

Watkins 

Cottey 

Halliburton 

McCabe 

of  Morgan 

Mr.  President 

Crews 

Hammond 

Nickerson 

Ross 

47 

Crockett 

Hardin 

Norton 

of  Polk 

ABSENT  WITH  ! 

LEAVE 

Broadhead 

Lackland 

McKee 

Taylor 

Wagner           8 

Dryden 

McAfee 

Shackelford 
ABSENT 

of  St.  Louis 

Brockmeyer 

Farris 

Mortell 

3 

The  question  recurring  upon  the  adoption  of  the  sub- 
stitute for  the  proposed  third  Section,  it  was  adopted. 

On  motion  the  substitute  as  adopted  was  numbered 
three. 

Mr,  Shields  offered  the  following  amendment  to  the  re- 
port of  the  Committee  of  the  Whole  as  a  new  section  after 
Section  three: 

That  this  State  shall  ever  remain  a  member  of  the  American  Union: 
that  the  people  thereof  are  a  part  of  the  American  Nation;  that  all  at- 
tempts from  whatever  source  or  upon  whatever  pretext  to  dissolve  said 
151]  Union,  or  to  sever  said  Nation  ought  to  be  resisted  with  the  v/hole 
power  of  the  State.  That  every  citizen  of  this  State  owes  paramount 
allegiance  to  the  Constitution  and  Government  of  the  United  States, 
and  that  no  law  or  ordinance  of  this  State  in  contravention  or  subversive 
thereof  can  have  any  binding  force. 

which  was  read. 


256 


JOURNAL  OF  THE  MISSOURI 


Mr.  Pulitzer  moved  the  previous  question,  which  was 
ordered. 

The  question  recurring  on  the  adoption  of  the  amend- 
ment as  a  new  section,  Messrs.  Eitzen  and  Gottschalk  de- 
manded the  ayes  and  noes. 

The  amendment  was  not  agreed  to  by  the  following 
vote: 

AYES 


Crews 

Fyan 

Johnson 

McKillop 

Shields            8 

Eitzen 

Gottschalk 

of  Cole 
NOES 

Mudd 

Adams 

Dysart 

Hyer 

Pipkin 

Shanklin 

Allen 

Edwards 

Johnston 

Priest 

Spaunhorst 

Alexander 

of  Iron 

of  Nodaway 

Pulitzer 

Switzler 

Black 

Edwards 

Lay 

Ray 

Taylor 

Boone 

of  St.  Louis 

Letcher 

Rider 

of  Jasper 

Bradfield 

Gantt 

Mabrey 

Rippey 

Todd 

Carleton 

Hale 

Massey 

Roberts 

Wallace 

Chrisman 

Halliburton 

Maxey 

Ross 

Watkins 

Conway 

Hammond 

McCabe 

of  Morgan 

Mr.  President 

Crockett 

Hardin 

Nickerson 

Ross  of  Polk 

48 

Davis 

Norton 

Rucker 

ABSENT  WITH  ] 

LEAVE 

Broadhead 

Lackland 

McKee 

Taylor 

Wagner           8 

Dryden 

McAfee 

Shackelford 
ABSENT 

of  St.  Louis 

Brockmeyer 

Farris 

HolUday 

3 

Mr.  Hale  offered  the  following  as  an  additional  section 
to  the  report  of  the  Committee  of  the  Whole  on  Preamble 
and  Bill  of  Rights. 

That  Missouri  is  a  free  and  independent  State  of  the  American  Union 
and  that  no  constitutional  right  exists  either  in  the  states  or  Federal 
Government,  to  dissolve  said  Union  or  to  impair  said  compact. 

which  was  read. 

Mr.  Pulitzer  rose  to  a  point  of  order  and  stated  that  the 
amendment  was  out  of  order  as  it  embodied  the  same  mat- 
ter in  substance  that  the  Convention  had  just  adopted. 
The  President  decided  the  point  of  order  not  well  taken. 


CONSTITUTIONAL  CONVENTION,   1875       257 

Mr.  Alexander  moved  the  previous  question,  which  was 
ordered. 

The  question  recurring  on  the  adoption  of  the  amend- 
ment offered  by  Mr.  Hale,  Messrs.  Switzler  and  Eitzen  de- 
manded the   ayes  and  noes. 

The  amendment  was  not  adopted  by  the  following  vote: 


AYES 

162]  Broekmeyer  Gottschalk  McKillop 

Shanklin 

Switzler 

Eitzen 

Hale 

Mudd 

Shields 

Todd             12 

Fyau 

Letcher 

NOES 

Adams 

Crockett 

Hardin 

Norton 

Ross 

Allen 

Davis 

Hyer 

Pipkin 

of  Polk 

Alexander 

Dysart 

Johnston 

Priest 

Rucker 

Black 

Edwards 

of  Nodaway 

Pulitzer 

Spaunhorst 

Boone 

of  Iron 

Lay 

Ray 

Taylor 

Bradfield 

Edwards 

Mabrey 

Rider 

of  Jasper 

Carleton 

of  St.  Louis 

Massey 

Rippey 

Wallace 

Chrisman 

Gantt 

Maxey 

Roberts 

Watkins 

Conway 

Halliburton 

McCabe 

Ross 

Mr.  President 

Cottey 

Hammond 

Nickerson 

of  Morgan 

44 

Crews 

ABSENT  WITH  LEAVE 

Broadhead 

Lackland 

McKee 

Taylor 

Wagner          8 

Dryden 

McAfee 

Shackelford 
ABSENT 

of  St.  Louis 

Farris 

Johnson 

HoUiday 

MorteU 

4 

of  Cole 

Section  three  of  the  report  of  the  Committee  on  Pre- 
amble and  Bill  of  Rights  was  read. 

Mr.  Priest  moved  that  the  words,  "Section  three,"  be 
stricken  out  and  the  words  "Section  four"  be  inserted  in 
lieu  thereof,  which  was  adopted. 

Mr.  Wallace  offered  the  following  amendment  to  Sec- 
tion four. 

Amend  by  striking  out  the  word  "gains"  in  the  third  line  and  insert 
the  word  "fruits"  in  lieu  thereof. 

which  was  read  and  not  adopted. 


258  JOURNAL  OF  THE  MISSOURI 

Mr.  Davis  offered  the  following  amendment  by  way  of 
substitute  to  Section  four: 

Amend  Section  four  by  substituting  the  following:  "All  men  have 
certain  inherent  and  inalienable  rights,  among  these  are  life,  liberty  and 
the  pursuit  of  happiness.  To  secure  their  rights  and  the  protection 
of  property,  governments  are  instituted  among  men,  deriving  their  just 
power  from  the  consent  of  the  governed." 

which  was  read  and  not  adopted. 

Mr.  Gottschalk  offered  the  following  amendment  to 
Section  four: 

Amend  Section  four  by  striking  out  the  words,  "That  to  give  security 
to  these  things"  in  the  third  line  and  insert  in  lieu  thereof  the  following: 
"That  to  secure  such  rights." 

which  was  read  and  not  adopted. 

Mr.  Massey  offered  the  following  amendment  to  Sec- 
tion four: 

Amend  Section  four  by  striking  out  the  word  "principal"  in  the 
fourth  line  and  the  word  "chief"  in  the  fifth  line. 

which  was  read  and  not  adopted. 

The  question,.recurring  on  the  adoption  of  Section  four, 
it  was  adopted. 

Mr.  Gottschalk  moved  that  Section  four  of  the  report 
153]  of  the  Committee  on  Preamble  and  Bill  or  Rights  be 
stricken  out,  which  was  not  adopted. 

The  following  substitute  was  recommended  by  the  Com- 
mittee of  the  Whole  for  Section  five: 

That  all  men  have  a  natural  and  indefeasible  right  to  worship  Al- 
mighty God  according  to  the  dictates  of  their  own  consciences;  that  no 
person  can  on  account  of  his  religious  opinions,  be  rendered  ineligible 
to  any  office  of  trust  or  benefit  under  the  State,  nor  be  disqualified  from 
testifying,  or  from  serving  as  a  juror;  that  no  human  authority  can  con- 
trol or  interfere  with  the  rights  of  conscience;  that  no  person  ought  by 
any  law  to  be  molested  in  his  person  or  estate  on  account  of  his  religious 
persuasion  or  profession,  but  the  liberty  of  conscience  hereby  secured 
shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness,  nor  to  justify 
practices  inconsistent  with  the  good  order,  peace  or  safety  of  the  State, 
nor  with  the  rights  of  others. 

which  was  read. 

Mr.  Todd  offered  the  following  amendment  to  Section 
five: 


CONSTITUTIONAL  CONVENTION,   1875       259 


Amend  Section  five  by  striking  out  the  word  "religious"  in  the  third 
line  and  insert  the  word  "conscientious"  in  lieu  thereof. 

which  .was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  the  sub- 
stitute for  Section  five  recommended  by  the  Committee  of 
the  Whole,  Messrs.  Todd  and  McKillop  demanded  the  ayes 
and  noes. 

The  substitute  was  rejected  by  the  following  vote: 

AYES 


Adams 

Crockett 

Halliburton 

Mudd 

Rucker 

AUen 

Davis 

Hammond 

Niekerson 

Shanklin 

Alexander 

Dysart 

Hyer 

Norton 

Shields 

Black 

Edwards 

Johnston 

Pipkin 

Spaunhorst 

Boone 

of  Iron 

of  Nodaway 

Priest 

Switzler 

Bradfield 

Edwards 

Lay 

Pulitzer 

Taylor 

Brockmeyer 

of  St.  Louis 

Letcher 

Ray 

of  Jasper 

Carleton 

Eitzen 

Mabrey 

Rippey 

Wallace 

Chrisman 

Fyan 

Massey 

Roberts 

Watkins 

Conway 

Gantt 

Maxey 

Ross 

Mr.  President 

Cottey 

Gottschalk 

McCabe 

of  Morgan 

52 

Crews 

Hale 

McKillop 

Todd 


NOES 


ABSENT  WITH  LEAVE 


Broadhead 

HoUiday 

McAfee 

Shackelford      Wagner 

Dryden 

Lackland 

McKee 
ABSENT 

Taylor 

of  St.  Louis 

Farris 

Johnson 

Mortell 

Rider                 Ross 

Hardin 

of  Cole 

of  Polk 

Sectionrsix  of  the  report  of  the  Committee  on  Preamble 
and  Bill  of  Rights  was  read. 

Mr.  Crews  offered  the  following  amendment: 

154]         Amend  Section  six  by  striking  out  the  word  "shall"  and  insert- 
ing the  word  "may." 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  Section 
six,  it  was  adopted. 

Section  seven  of  the  report  of  the  Committee  on  Pre- 
amble and  Bill  of  Rights  was  read. 


260 


JOURNAL  OF  THE  MISSOURI 


Mr.  Lay  offered  the  following  amendment: 

Amend  by  adding:  Provided,  that  nothing  herein  contained  shall 
be  construed  to  prohibit  the  employment  and  payment  of  a  Chaplain  by 
a  Constitutional  Convention  or  the  General  Assembly  of  this  State. 

which  was  read, 

Mr.  Gottschalk  offered  the  following  amendment  to  the 
amendment: 

Amend  the  amendment  by  striking  out  the  words,  "a  Chaplain,"  and 
insert  "Chaplains." 

which  was  read. 

Mr.  Norton  moved  the  previous  question,  which  was 
ordered. 

The  question  recurring  upon  agreeing  to  the  amendment 
to  the  amendment,  it  was  rejected. 

The  question  being  upon  agreeing  to  the  amendment 
offered  by  Mr.  Lay,  Messrs.  Alexander  and  Shanklin  de- 
manded the  ayes  and  noes. 

The  amendment  was  rejected  by  the  following  vote: 

AYES 


Adams 

Conway 

Norton 

Shanklin 

Taylor 

Alexander 

Hale 

Rippey 

Shields 

of  Jasper 

Boone 

Lay 

Roberts 

Switzler 

Wallace 

Chrisman 

Letcher 

NOES 

Watkins        17 

Bradfield 

Edwards 

Hardin 

McKiUop 

Ross 

Brockmeyer 

of  St.  Louis  Hyer 

Mudd 

of  Morgan 

Carleton 

Eitzen 

Johnston 

Nickerson 

Ross 

Cottey 

Fyan 

of  Nodaway  Pipkin 

of  Polk 

Crews 

Gantt 

Mabrey 

Priest 

Rucker 

Crockett 

Gottschalk 

Massey 

Pulitzer 

Spaunhorst 

Dysart 

Halliburton 

Maxey 

Rider 

Todd 

Edwards 

Hammond 

McCabe 

Mr.  President 

of  Iron 

36 

ABSENT  WITH 

LEAVE 

Broadhead 

Lackland 

McKee 

Taylor 

Wagner           9 

Dryden 

McAfee 

Shackelford 

of  St.  Louis 

HoUiday 

ABSENT 

Allen 

Black 

Farris 

Johnson 
of  Cole 

Mortell 

Ray                  6 

CONSTITUTIONAL  CONVENTION,   1875       261 

155]         The  question  recurring  upon  the  adoption  of  Sec- 
tion seven,  it  was  adopted. 

The  following  substitute  was  recommended  by  the  Com- 
mittee of  the  Whole  for  Section  eight: 

That  no  religious  corporation  can  be  established  in  this  State  ex- 
cept such  as  may  be  created  under  a  general  law  for  the  purpose  only  of 
holding  the  title  to  such  real  estate  as  may  be  prescribed  by  law  for 
church  edifices,  parsonages  and  cemeteries. 

which  was  read  and  adopted. 

Section  nine.^ — "That  all  elections  ought  to  be  free  and 
open,"  was  read. 

Mr.  Hammond  offered  the  following  amendment: 

Amend  Section  nine  of  the  Bill  of  Rights  by  adding  the  following 
words:  "and  no  power,  civil  or  military,  shall  at  any  time  interfere  to 
prevent  the  free  exercise  of  the  right  of  suffrage." 

which  was  read  and  agreed  to. 

Mr.  Cottey  offered  the  following  amendment  to  Section 
nine,  as  amended: 

Amend  by  striking  out  the  word  "open"  and  insert  in  lieu  thereof 
the  word  "equal." 

which  was  read  and  not  agreed  to. 

Mr.  Maxey  offered  the  following  amendment  to  Sec- 
tion nine,  as  amended: 

Amend  by  striking  out  the  words  "ought  to"  and  insert  the  word 
"shall." 

which  was  read  and  agreed  to. 

Mr.  Pulitzer  offered  the  following  amendment  to  Sec- 
tion nine,  as  amended: 

Amend  by  striking  out  all  up  to  and  inclusive  of  the  word  "open" 
and  the  word  "and." 
which  was  read  and  not  agreed  to. 

Section  nine,  as  amended,  was  adopted. 

On  motion  of  Mr.  Conway  the  Convention  adjourned 
until  2  o'clock  p.  m. 


262  JOURNAL  OF  THE  MISSOURI 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  Convention  resumed  the  consideration  of  the  Pre- 
amble and  Bill  of  Rights  with  the  amendment  recommended 
by  the  Committee  of  the  Whole. 

The  following  substitute  was  recommended  by  the  Com- 
mittee of  the  Whole  for  Section  ten: 

156]  That  courts  of  justice  shall  be  open  to  every  person,  ard  cer- 
tain remedy  afforded  for  every  injury  to  person,  property  or  character 
and  that  right  and  justice  should  be  administered  without  sale,  denial 
or  delay." 

which  was  read  and  adopted. 

The  following  substitute  was  recommended  by  the  Com- 
mittee of  the  Whole  for  Section  eleven: 

That  the  people  shall  be  secure  in  their  persons,  papers,  homes  and 
effects  from  unreasonable  searches  and  seizures;  and  no  warrant  to  search 
any  place  or  seize  any  person  or  thing  can  issue  without  describing  the 
place  to  be  searched  as  the  person  or  thing  to  be  seized  as  nearly  as  may 
be,  nor  without  probable  cause  supported  by  oath  or  affirmation  reduced 
to  writing. 

which  was  read  and  adopted. 

Section  eleven  as  amended  was  adopted. 

The  following  substitute  was  recommended  by  the  Com- 
mittee of  the  Whole  for  Section  twelve: 

That  no  person  shall  for  a  felony  be  proceeded  against  criminally 
otherwise  than  by  indictment,  or  information  as  concurrent  remedies, 
provided  that  all  cases  arising  in  the  land  or  naval  forces,  or  in  the  militia 
when  in  actual  service  in  time  of  war  or  public  danger,  may  be  prosecuted 
by  indictment  or  information. 

which  was  read. 

Mr.  Todd  offered  the  following  amendment  by  way  of 
substitute  for  the  substitute  of  the  Committee  of  the  Whole: 

Persons  may  for  violations  of  law  against  public  officers  be  proceeded 
against  by  indictment  or  information  as  may  be  provided  for  by  law. 

which  was  read. 

Mr.  Gantt  offered  the  following  substitute  for  Section 


CONSTITUTIONAL  CONVENTION,   1875       263 


twelve  as  reported  by  the  Committee  of  the  Whole  and 

pending  amendments: 

That  no  person  for  any  indictable  offense  can  be  proceeded  against  by 
information  except  that  the  General  Assembly  may  provide  that  in  the 
recess  of  a  grand  jury  an  information  may  be  exhibited  against  a  person 
in  actual  custody  for  a  misdemeanor  and  such  person  may  be  tried  there- 
upon in  the  same  manner  as  if  he  had  been  indicted:  provided,  that  all 
cases  arising  in  the  land  or  naval  service  or  in  the  militia  in  actual  service 
in  time  of  war  or  public  danger  may  be  prosecuted  by  information. 

157]  which  was  read. 

Mr.  Shanklin  moved  the  previous  question.  Messrs. 
Holliday  and  Mortell  demanded  the  ayes  and  noes. 

The  previous  question  was  not  ordered  by  the  following 
vote: 

AYES 


Adams 

Hyer 

Nickerson 

Ross 

Taylor 

Allen 

Massey 

Norton 

of  Morgan 

Wallace 

Chrisman 

Maxey 

Priest 

Rucker 

Watkins 

Cottey 

McKillop 

Pulitzer 

Shanklin 

Mr.  President 

Hale 

Mortell 

Ray 

Shields 

24 

Halliburton 

NOES 

Alexander 

Crockett 

Fyan 

Johnson 

Rippey 

Black 

Davis 

Gantt 

of   Cole 

Roberts 

Boone 

Dysart 

Hammond 

Lay 

Ross 

Bradfield 

Edwards 

Hardin 

Letcher 

of  Polk 

Brockmeyer 

of  Iron 

Holliday 

Mabrey 

Spaunhorst 

Carleton 

Edwards  of  - 

Johnston 

McCabe 

Switzler 

Conway 

St.  Louis 

of  Nodaway 

Mudd 

Todd             33 

Crews 

Eitzen 

Rider 

ABSENT  WITH  ] 

LEAVE 

Broadhead 

Lackland 

McKee 

Taylor 

Wagner          8 

Dryden 

McAfee 

Shackelford 

of  St.  Louis 

ABSENT 
Farris  Gottschalk       Pipkin  3 

The  previous  question  not  being  ordered,  the  further 
consideration  of  the  section  and  pending  amendments,  was 
under  the  rule  postponed  until  tomorrow. 

The  following  substitute  was  recommended  by  the  Com- 
mittee of  the  Whole  for  Section  thirteen: 


264  JOURNAL  OF  THE  MISSOURI 

That  treason  against  the  State  can  consist  only  in  levying  war  against 
it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  comfort,  that  no 
person  can  be  convicted  of  treason  unless  on  the  testimony  of  two  wit- 
nesses to  the  same  overt  act,  or  on  his  confession  in  open  court;  that  no 
person  can  be  attainted  of  treason  or  felony  by  the  General  Assembly; 
that  no  conviction  can  work  corruption  of  blood  or  forfeiture  of  estate; 
that  the  estates  of  such  persons  as  may  destroy  their  own  lives  shall  des- 
cend or  vest,  as  in  cases  of  natural  death;  and  when  any  person  shall  be 
killed  by  casualty  there  shall  be  no  forfeiture  by  reason  thereof. 

which  was  read  and  adopted. 
Section  fourteen  was  read. 

Mr.  Lay  offered  the  following  amendment  to  Section 
fourteen: 

Amend  by  inserting  in  line  1  after  word  "speech"  the  words,  "or  of 
the  press." 

which  was  read  and  rejected. 

Mr.  Shanklin  offered  the  following  amendment  to  Sec- 
tion fourteen: 

168]         Amend   by  inserting  after  the  word  "law"  in  the  first  line  the 
word  "shall." 

which  was  read  and  adopted. 

Mr.  Maxey  offered  the  following  amendment  to  Sec- 
tion fourteen: 

Amend  by  striking  out  the  words,  "under  the  direction  of  the 
court,"  in  the  fourth  line. 

which  was  read  and  rejected. 

Mr.  Johnson  of  Cole  offered  the  following  amendment: 

Amend  Section  fourteen  by  striking  out  the  words,  "that  no  law  shaP 
be  passed  impairing  the  freedom  of  speech." 

which  was  read. 

Mr.  Switzler  offered  the  following  amendment: 

Amend  Section  fourteen  by  striking  out  all  after  the  word  "speech" 
in  the  first  line  and  insert  the  following:  "That  the  free  communica- 
tions of  thoughts  and  opinions  is  one  of  the  invaluable  rights  of  man 
and  every  citizen  may  freely  speak,  write  and  print  on  any  subject,  being 
responsible  for  the  abuse  of  that  liberty.  No  conviction  shall  be  had  nor 
damage  awarded  in  any  suit  or  prosecution  for  libel  where  the  fact  that 
such  publication  was  not  maliciously  or  negligently  made  shall  be  es- 
tablished to  the  satisfaction  of  the  jury;  and  in  all  suits  and  prosecutions 
for  libel  the  jury  shall  have  the  right  to  determine  the  law  and  the  facts." 

which  was  read  and  rejected. 


CONSTITUTIONAL  CONVENTION,   1875       265 

Mr.  Wallace  offered  the  following  substitute  for  Sec- 
tion fourteen  and  pending  amendment: 

That  the  free  communication  of  thoughts  and  opinions  is  one  of  the 
invaluable  rights  of  man,  and  that  every  person  may  freely  speak, 
write  and  print  on  any  subject,  being  responsible  for  the  abuse  of  that 
liberty;  that  in  all  prosecutions  for  libel,  the  truth  thereof  may  be  given 
in  evidence  and  the  jury  may  determine  the  law  and  the  facts  under  the 
directions  of  the  court. 

which  was  read  and  rejected. 

The  question  recurring  on  agreeing  to  the  amendment 
offered  by  Mr.  Johnson  of  Cole,  it  was  rejected. 

The  question  being  upon  the  adoption  of  Section  four- 
teen as  amended,  it  was  adopted. 

The  following  substitute  was  recommended  by  the  Com- 
159]  mittee  of  the  Whole  for  Section  fifteen: 

That  no  expost  facto  law,  nor  law  impairing  the  obligation  of  con- 
tracts or  retrospective  in  its  operation,  or  making  any  irrevocable  grant  of 
special  privileges  or  immunities  can  be  passed  by  the  General  Assembly. 

which  was  read. 

Mr.  Gantt  offered  the  following  substitute  for  the  sub- 
stitute recommended  by  the  Committee  of  the  Whole: 

That  no  law  retrospective  in  its  operation  or  making  any  irrevocable 
grant  of  special  privileges  or  immunities  can  be  passed  by  the  General 

Assembly. 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  the  substi- 
tute recommended  by  the  Committee  of  the  Whole  for  Sec- 
tion fifteen,  it  was  adopted. 

The  following  substitute  was  recommended  by  the  Com- 
mittee of  the  Whole  for  Section  sixteen: 

That  imprisonment  for  debt  shall  not  be  allowed  except  for  the  non- 
payment of  fines  and  penalties  imposed  for  violations  of  law. 

which  was  read. 

Mr.  Todd  offered  the  following  amendment  to  Section 
sixteen,  as  reported  by  the  Committee  of  the  Whole: 

Amend  by  adding,  "but  a  debtor  may  be  imprisoned  in  such  manner 
as  shall  be  provided  for  by  law,  for  his  refusal  to  surrender  for  the  satis- 
faction of  his  adjudged  debts,  his  property  and  effects  not  exempt  by 


266 


JOURNAL  OF  THE  MISSOURI 


law,  by  him  withheld  or  concealed  from  subjection  to  the  satisfaction  of 
such  debts." 

which  was  read. 

Messrs.  Todd  and  Norton  demanded  the  ayes  and  noes. 
The  amendment  was  rejected  by  the  following  vote: 

AYES 


Allen 

Dysart 

Gantt 

Letcher 

Pulitzer 

Black 

Edwards 

Johnston 

Massey 

Spaunhorst 

Chrisman 

of  St.  Louis 

of  Nodaway 

Mudd 

Todd             14 

Conway 

NOES 

Adams 

Edwards 

Hyer 

Priest 

Shanklin 

Alexander 

of  Iron 

Johnson 

Ray 

Shields 

Boone 

Eitzen 

of  Cole 

Rider 

Switzler 

Bradfield 

Farris 

Lay 

Rippey 

Taylor 

Carleton 

Fyan 

Mabrey 

Roberts 

of  Jasper 

Cottey 

Gottschalk 

McCabe 

Ross 

Wallace 

Crews 

Hale 

McKillop 

of  Morgan 

Watkins 

Crockett 

Hammond 

Nickerson 

Ross 

Mr.  President 

Davis 

Hardin 

Norton 

of  Polk 

42 

HoUiday 

Pipkin 

Rucker 

ABSENT  WITH  LEAVE 

160]Broadhead  Lackland        McKee  Taylor  Wagner  8 

Dryden  McAfee  Shackelford  of  St.  Louis 

ABSENT 
Brockmeyer     Halliburton      Maxey  Mortell  4 

The  question  recurring  on  the  adoption  of  Section  six- 
teen, it  was  adopted. 

The  following  substitute  was  recommended  by  the  Com- 
mittee of  the  Whole  for  Section  eighteen: 

That  the  right  of  no  citizen  to  keep  and  bear  arms  in  defense  of  his 
home,  person  and  property  or  in  aid  of  the  civil  power  when  thereto 
legally  summoned,  shaU  be  called  in  question,  but  nothing  herein  con- 
tained is  intended  to  justify  the  practice  of  wearing  concealed  weapons. 

Mr.  Cottey  moved  that  the  word  "eighteenth"  be 
struck  out  and  the  word  "seventeenth"  inserted  in  lieu 
thereof;  which  was  adopted. 

The  substitute  as  amended  was  adopted. 


i 


CONSTITUTIONAL  CONVENTION,   1875       267 

The  following  amendments  were  recommended  by  the 
Committee  of  the  Whole  to  Section  nineteen: 

Amend  by  striking  out  the  word  "Missouri"  in  the  second  line,  and 
inserting  the  words,  "this  State." 

which  was  read  and  adopted. 

Amend  by  striking  out  the  word  "performing"  in  the  third  line  and 
inserting  the  words,  "devoting  his  time  to  the  performance  of." 

which  was  read  and  adopted. 

Section  nineteen  as  amended  was  adopted. 

On  motion  the  word  "nineteenth"  was  struck  out  and 
the  word  "eighteenth"  inserted  in  lieu  thereof. 

Section  twenty  as  reported  by  the  Committee  on  Pre- 
amble and  Bill  of  Rights  was  read  and  adopted. 

On  motion  the  word  "twentieth"  was  struck  out  and 
the  word  "nineteenth"  inserted  in  lieu  thereof. 

Section  twenty-one  was  read. 

The  following  substitute  was  recommended  by  the  Com- 
mittee of  the  Whole: 

21.  No  person  who  shall  hereafter  be  adjudged  guilty  of  embezzling 
any  money  belonging  to  whomsoever,  or  of  appropriating  to  his  own  use 
or  that  of  another  any  money  or  choses  in  action  or  other  property  re- 
ceived by  him  in  trust  or  in  confidence  from  another  as  distinguished  from 
a  debt  arising  out  of  the  casualties  of  ordinary  trade  and  business,  shall 
be  eligible  to  any  office  of  trust  or  profit  under  the  laws  of  this  State,  or 
161]  the  ordinance  of  any  municipality  therein,  until  he  shall  have  paid 
and  made  good  any  such  defalcation. 

which  was  read. 

Mr.  Lay  offered  the  following  amendment  to  Section 
twenty-one: 

Amend  by  striking  out  in  line  two  the  words,  "of  appropriating,"  and 
insert  in  lieu  thereof  the  following,  "who  shall  appropriate." 

which  was  read  and  adopted. 

Mr.  Gantt  offered  the  following  amendment  to 
Section  twenty-one: 

Amend  by  striking  out  the  words,  "who  shall  hereafter  be  adjudged 
guilty  of  embezzling  any  money  belonging  to  whomsoever  or." 

which  was  read. 


268  JOURNAL  OF  THE  MISSOURI 

Mr.  Conway  moved  that  Section  twenty-one  with 
amendments  be  laid  on  the  table,  which  was  rejected. 

The  question  recurring  upon  agreeing  to  the  amendment 
offered  by  Mr.  Gantt  to  Section  twenty-one,  the  amendment 
was  rejected. 

Mr.  Halliburton  offered  the  following  amendment: 
Amend  by  striking  out  all  after  the  word  "therein"  in  line  six. 

which  was  read  and  rejected. 

Mr.  Johnston  of  Nodaway  offered  the  following  amend- 
ment: 

Amend  by  inserting  after  the  word  "business"  in  the  fifth  line  the 
words,  "or  of  the  larceny  of  any  money,  choses  in  action  or  other  goods  or 
chattels,"  and  by  inserting  after  the  word  "defalcation"  in  the  seventh 
line  the  words,  "or  restored  to  the  owner  the  money,  choses  in  action  or 
property  so  stolen." 

which  was  read  and  adopted. 

The  question  recurring  upon  the  adoption  of  Section 
twenty-one  as  amended,  it  was  rejected. 

Mr.  Switzler  moved  that  two  additional  members  be 
added  to  the  Committee  on  Education,  which  was  adopted. 

Mr.  Hardin  offered  the  following  resolution: 

Whereas,  His  Excellency,  C.  H.  Hardin,  Governor  of  Missouri,  has 
issued  his  proclamation  setting  apart  Thursday,  the  third  of  June,  as 
a  day  of  fasting  and  prayer  on  account  of  the  recent  suffering  and  desti- 
162]  tution  in  this  State,  caused  by  the  grasshopper  plague:  Therefore, 
Be  it  Resolved,  That  in  respect  to  and  in  compliance  with  said  proclama- 
tion when  this  Convention  adjourns,  it  adjourn  until  Friday  morning  at 
9  o'clock. 

which  was  read  and  adopted. 

The  President  announced  the  following  additional  mem- 
bers to  the  Committee  on  Education. — Todd  and  McCabe. 

Mr.  Mudd  moved  to  adjourn. 

Mr.  Pulitzer  and  Gottschalk  demanded  the  ayes  and 
noes. 

The  motion  to  adjourn  was  adopted  by  the  following 
vote: 

AYES 


Adams 

Boone 

Carleton 

Crews 

Dysart 

Black 

Brockmeyer 

Chris  man 

Crockett 

Edwards 
of  Iron 

CONSTITUTIONAL  CONVENTION,   1875       269 


Edwards 

Hyer 

Maxey 

Norton 

Ross 

of  St.  Louis 

Johnson 

McCabe 

Priest 

of  Morgan 

Eitzen 

of  Cole 

McKillop 

Ray 

Spaunhorst 

Fyan 

Letcher 

Mortell 

Rippey 

Switzler 

Halliburton 

Mabrey 

Mudd 

Roberts 

Watkins       33 

Holliday 

NOES 

Allen 

Farris 

Johnston 

Rider 

Taylor 

Alexander 

Gantt 

of  Nodaway 

Ross 

of  Jasper 

Bradfield 

Gottschalk 

Lay 

of  Polk 

Todd 

Conway 

Hale 

Nickerson 

Rucker 

Wallace 

Cottey 

Hammond 

Pipkin 

Shanklin 

Mr.  President 

Davis 

Hardin 

Pulitzer 

Shields 

26 

ABSENT  WITH  ! 

LEAVE 

Broadhead 

Lackland 

McKee 

Taylor 

Wagner          8 

Dryden 

McAfee 

Shackelford 
ABSENT 

of  St.  Louis 

Massey 

1 

FRIDAY,  JUNE  4,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  journal  of  Wednesday  was  read. 

Mr.  Halliburton  rose  to  a  question  of  privilege  and 
stated  that  he  was  recorded  as  being  absent  when  the  vote 
was  taken  on  the  amendment  of  Mr.  Todd  to  Section  six- 
teen of  the  Preamble  and  Bill  of  Rights  as  reported  by  the 
Committee  of  the  Whole  in  regard  to  imprisonment  for  debt 
and  desired  to  have  his  name  recorded  as  voting  in  the  nega- 
tive. 

Mr.  Gantt  rose  to  a  point  of  order  and  stated  that  the 
Convention  had  no  authority  to  record  any  gentlemen  as 
163]  voting  on  Friday  when  he  was  absent  when  the  vote 
was  taken  on  Wednesday. 

The  President  decided  the  point  of  order  as  well  taken. 


270  JOURNAL  OF  THE  MISSOURI 

Mr.  Halliburton  then  stated  that  if  he  had  been  present 
when  the  vote  was  taken  on  the  amendment  offered  by  Mr. 
Todd  to  Section  sixteen  he  would  have  voted  in  the  negative. 

Mr.  Broadhead  rose  to  a  question  of  privilege  and  stated 
that  if  he  had  been  present  when  the  following  amendment 
to  Section  two  of  the  Bill  of  Rights  "provided  that  such 
change  be  not  repugnant  to  the  Constitution  of  the  United 
States"  was  adopted  he  would  have  voted  against  the 
amendment. 

Mr,  Shields  rose  to  a  point  of  order  and  stated  that  the 
only  question  before  the  Convention  was  the  approval  of 
the  journal  and  no  other  motion  was  in  order. 

The  President  decided  the  point  of  order  well  taken. 

The  journal  was  then  approved  as  read. 

Mr.  Alexander  from  the  Committee  on  Elections  and 
Electors  submitted  the  following  report: 

Mr.  President: 

The  Committee  on  Elections  and  Electors  submit  for  the  considera- 
tion of  the  Convention  the  following  and  recommend  the  adoption 
thereof : 

ARTICLE ELECTIONS  AND  SUFFRAGE 

Section  1.  The  general  election  shall  be  held  biennially  on  the  Tues- 
day next  following  the  first  Monday  in  November.  The  first  general 
election  under  this  Constitution  shall  be  held  on  that  day  in  the  year 
one  thousand  eight  hundred  and  seventy-six,  but  the  General  Assembly 
may  by  law  fix  a  different  day,  two-thirds  of  all  the  members  of  each 
house  consenting  thereto. 

Section  2.  Every  male  citizen  of  the  United  States  and  every  male 
person  of  foreign  birth  who  may  have  declared  his  intention  to  become 
a  citizen  of  the  United  States  according  to  law  not  less  than  one  year  nor 
more  than  five  years  before  he  offers  to  vote,  who  is  over  the  age  of 
twenty-one  years,  possessing  the  following  qualifications  shall  be  entitled 
to  vote  at  all  elections  by  the  people: 

First.  He  shall  have  resided  in  the  State  one  year  immediately  pre- 
ceding the  election  at  which  he  offers  to  vote. 

Second.  He  shall  have  resided  in  the  county,  city  or  town  where 
he  shall  offer  to  vote  at  least  sixty  days  immediately  preceding  the 
election. 

Section  3.  All  elections  by  the  people  shall  be  by  ballot.  Every 
ballot  voted  shall  be  numbered  in  the  order  in  which  it  shall  be  received, 
and  the  number  recorded  by  the  election'  officers  on  the  list  of  voters 
164]  opposite  the  name  of  the  voter,  who  presents  the  ballot.  The 
election  officers  shall  be  sworn  or  affirmed  not  to  disclose  how  any  voter 


CONSTITUTIONAL  CONVENTION,   1875       271 

shall  have  voted  unless  required  to  do  so  as  witnesses  in  a  judicial  pro- 
ceeding. 

Section  4.  Voters  shall  in  all  cases  except  treason,  felony  or  breach 
of  the  peace  be  privileged  from  arrest  during  their  attendance  at  elections 
and  in  going  to  and  returning  therefrom. 

Section  5.  The  General  Assembly  may  provide  by  law  for  regis- 
tering of  all  voters  in  cities  and  towns  having  a  population  of  more  than 
ten  thousand  inhabitants. 

Section  6.  Any  person  who  shall  give  or  promise  to  give  or  offer 
to  give  to  any  voter  any  money,  reward  or  other  valuable  consideration 
for  his  vote  at  an  election  or  for  withholding  the  same,  or  who  shall 
give  or  promise  to  give  such  consideration  to  any  other  person  or  party 
for  such  voter's  vote  or  for  the  withholding  thereof,  and  any  voter  who 
shall  receive  or  agree  to  receive  for  himself  or  for  another  any  money, 
reward  or  other  valuable  consideration  for  his  vote  at  an  election  or  for 
withholding  the  same,  shall  thereby  forfeit  the  right  to  vote  at  such 
election,  and  every  person  who  shall  make  or  become  directly  or  in- 
directly interested  in  any  bet  or  wager  depending  upon  the  result  of  any 
election  shall  not  be  permitted  to  vote  at  such  election;  and  any  voter 
whose  right  to  vote  shall  be  challenged  for  such  cause  or  causes  before 
the  election  officers  shall  be  required  to  swear  or  affirm  that  the  matter 
of  the  challenge  is  untrue,  before  his  vote  shall  be  received. 

Section  7.  All  elections  by  persons  in  a  representative  capacity  shall 
be  viva  voce. 

Section  8.  For  the  purpose  of  voting  no  person  shall  be  deemed  to 
have  gained  a  residence  by  reason  of  his  presence,  or  lost  it  by  reason  of 
absence  while  employed  in  the  service,  either  civil  or  military  of  this 
State  or  of  the  United  States;  nor  while  engaged  in  the  navigation  of 
the  waters  of  the  State  or  of  the  United  States  or  of  the  high  seas,  nor 
while  a  student  of  any  institution  of  learning,  nor  while  kept  in  a  poor- 
house  or  other  asylum  at  public  expense,  nor  while  confined  in  public 
prison. 

Section  9.  No  person  while  kept  at  any  poorhouse  or  other  asylum 
at  public  expense  nor  while  confined  in  any  public  prison  shall  be  entitled 
to  vote  at  any  election  under  the  laws  of  this  State. 

165]  Section  10.  The  trial  and  determination  of  contested  elections 
of  members  of  the  General  Assembly  and  of  all  public  offices  whether 
State,  judicial,  municipal  or  local  shall  be  by  the  courts  of  law  or  by  one 
or  more  of  the  judges  thereof.  The  General  Assembly  shall  by  general 
law  designate  the  court  and  judge  by  whom  the  several  classes  of  elec- 
tion contests  shall  be  tried  and  regulated,  the  manner  of  trial  and  all 
matters  incident  thereto;  but  no  such  law  assigning  jurisdiction  or 
regulating  its  exercise  shall  apply  to  any  contest  arising  out  of  any  elec- 
tion held  before  said  law  shall  take  effect. 

Section  11.  The  General  Assembly  may  enact  laws  excluding  from 
the  right  of  voting  all  persons  convicted  of  felony. 

Section  12.  No  officer,  soldier  or  marine  in  the  regular  army  or 
navy  of  the  United  States  shall  be  entitled  to  vote  at  any  election  in  this 
State. 


272  JOURNAL  OF  THE  MISSOURI 

Section  13.  No  person  shall  be  elected  or  appointed  to  any  office 
in  this  State,  civil  or  military,  who  is  not  a  citizen  of  the  United  States, 
and  who  shall  not  have  resided  in  this  State  one  year  next  preceding 
the  election  or  appointment. 

Section  14.  After  the  first  day  of  January  one  thousand  eight  hun- 
dred and  eighty  every  person  who  was  not  a  qualified  voter  prior  to  that 
time  shall,  in  addition  to  the  other  qualifications,  be  required  to  be  able 
to  read  and  write  in  order  to  become  a  qualified  voter,  unless  his  inability 
to  read  or  write  shall  be  the  result  of  physical  disability. 

A.  M.  Alexander,   Chairman. 

which  was  read  and  on  motion  of  Mr.  Alexander  laid  over 
informally  and  one  hundred  copies  ordered  printed. 

Mr.  Alexander  from  the  Committee  on  Elections  and 
Electors  submitted  the  following  supplemental  report: 

Mr.  President: 

The  Committee  on  Elections  and  Electors  to  which  was  referred  the 
proposition  to  so  amend  the  Constitution  as  to  provide  for  female  suf- 
frage begs  leave  to  report  that  it  is  of  the  opinion  that  if  such  a  propo- 
sition is  submitted  to  a  vote  of  the  people  at  all,  it  should  be  submitted 
as  a  separate  proposition.  Your  Committee  on  Elections  and  Electors 
therefore  asks  to  be  discharged  from  the  further  consideration  of  the  sub- 
ject and  asks  that  it  be  referred  to  the  Committee  on  Propositions  to  be 
Separately  Submitted. 

A.  M.  Alexander,   Chairman. 

which  was  read. 

Mr.  Alexander  moved  to  refer  the  supplemental  report 
of  the  Committee  on  Elections  and  Electors  to  the  Com- 
mittee on  Separate  Propositions  to  be  Submitted  to  the 
People. 

166]         Mr.  Norton  moved  to  lay  the  supplemental  report 
on  the  table. 

The  motion  to  table  was  rejected. 

Mr.  Wagner  moved  to  recommit  the  supplemental  re- 
port to  the  Committee  on  Elections  and  Electors. 

The  question  being  on  the  motion  of  Mr.  Wagner  to 
recommit,  Mr.  Conway  rose  to  a  point  of  order  and  stated 
that  the  motion  of  Mr.  Alexander  to  refer  should  be  put  to 
the  Convention  first. 

The  President  decided  the  point  of  order  not  well  taken. 

The  motion  of  Mr.  Wagner  to  recommit  was  rejected. 

Mr.  Holliday  offered  the  following  resolution: 


CONSTITUTIONAL  CONVENTION,   1875       273 


Resolved,  That  the  supplemental  report  of  the  Committee  on  Elec- 
tions and  Electors  be  recommitted  to  that  Committee  with  instructions 
that  they  inquire  into  the  expediency  of  submitting  to  the  people  by  a 
separate  proposition  substantially  as  follows:  That  all  widows  and  un- 
married women  above  the  age  of  twenty-one  years  who  pay  a  school  tax 
shall  be  allowed  to  vote  at  all  school  elections. 

which  was  read  and  rejected. 

Mr.  Shanklin  moved  the  previous  question,  which  was 
ordered. 

The  question  being  on  the  motion  to  refer,  Messrs. 
Norton  and  Eitzen  demanded  the  ayes  and  noes. 

The  motion  to  refer  to  the  Committee  on  Separate 
Propositions  to  be  Submitted  to  the  Vote  of  the  People  was 
adopted  by  the  following  vote: 

AYES 


Alexander 

Edwards 

Holliday 

Letcher 

Rucker 

Broadhead 

of  Iron 

Hyer 

McKillop 

Shanklin 

Brockmeyer 

Edwards 

Johnson 

Mudd 

Shields 

Carleton 

of  St.  Louis 

of  Cole 

Nickerson 

Spaunhorst 

Conway 

Gantt 

Johnston 

Rippey 

Switzler 

Cottey 

Gottschalk 

of  Nodaway 

Roberts 

Taylor 

Crews 

Hale 

Lackland 

Ross 

of  St.  Louis 

Davis 

Halliburton 

Lay 

of  Morgan 

Todd             35 

Dysart 

NOES 

Adams 

Crockett 

McAfee 

Ray 

Wagner 

Allen 

Eitzen 

McCabe 

Ross 

Wallace 

Black 

Fyan 

Norton 

of  Polk 

Watkins 

Boone 

Hammond 

Pipkin 

Shackelford 

Mr.  President 

Bradfield 

Hardin 

Priest 

Taylor 

27 

Chrisman 

Maxey 

Pulitzer 

of  Jasper 

Dryden 


ABSENT  WITH  LEAVE 
McKee  Rider 


ABSENT 
Farris  Massey  Mortell  3 

On  motion  of  Mr.  Priest,  Section  twelve  of  the  report 
167]  of  the  Committee  of  the  Whole  with  pending  amend- 
ments was  taken  up, 

Mr.  Halliburton  asked  for  leave  of  absence  for  Mr. 
Hammond,  which  was  granted. 


274 


JOURNAL  OF  THE  MISSOURI 


Mr.  Davis  asked  for  leave  of  absence  for  Mr.  Rider, 
which  was  granted. 

Mr.  Gantt  called  for  the  reading  of  his  amendment  by 
way  of  substitute  for  Section  twelve  of  the  report  of  the 
Committee  of  the  Whole  pending  at  adjournment  on 
Wednesday. 

Mr.  Gantt,  with  leave  of  the  Convention,  withdrew  his 
substitute. 

The  question  being  on  agreeing  to  the  substitute  offered 
by  Mr.  Todd  for  Section  twelve  of  the  report  of  the  Com- 
mittee of  the  Whole,  Mr.  McCabe  offered  the  following 
amendment  by  way  of  substitute  for  Section  twelve  as  re- 
ported and  pending  amendment  of  Mr.  Todd: 

Amend  by  striking  out  all  after  the  word  "that"  and  insert  the  fol- 
lowing: "No  person  shall  be  held  to  answer  for  a  criminal  offense  unless 
on  indictment  of  a  grand  jury,  except  in  cases  where  the  punishment  is 
by  fine  or  imprisonment,  otherwise  than  in  the  penitentiary,  in  cases 
of  impeachment  or  in  cases  arising  in  the  army  and  navy,  or  in  the  mil- 
itia when  in  actual  service  in  time  of  war,  or  public  danger." 

which  was  read. 

Mr.  Priest  moved  the  previous  question. 

Messrs.  Conway  and  Holliday  demanded  the  ayes  and 
noes. 

The  Convention  refused  to  order  the  previous  question 
by  the  following  vote: 

AYES 


Adams 

Eitzen 

Mabrey 

Rippey 

Shields 

Alexander 

Fyan 

Maxey 

Roberts 

Switzler 

Bradfield 

Gottschalk 

McAfee 

Ross 

Taylor 

Carleton 

Hale 

Nickerson 

of  Morgan 

of  Jasper 

Chrisman 

Halliburton 

Norton 

Ross 

Wagner 

Cottey 

Hammond 

Pipkin 

of  Polk 

Watkins 

Crews 

Hyer 

Priest 

Rucker 

Mr.  President 

Davis 

Johnston 

Pulitzer 

Shackelford 

40 

Dysart 

of  Nodaway  Ray 

Shanklin 

NOES 

AUen 

Broadhead 

Crockett 

Edwards 

Hardin 

Black 

Brockmeyer 

Edwards 

of  St.  Louis 

Holliday 

Boone 

Conway 

of  Iron 

Gantt 

Johnson 
of  Cole 

CONSTITUTIONAL  CONVENTION,   1875       275 

Lackland  Letcher  Mudd  Taylor  Todd 

Lay  McCabe  Spaunhorst  of  St.  Louis  Wallace         22 

ABSENT  WITH  LEAVE 
Dryden  McKee  McKillop  Rider  4 

ABSENT 
Farris  Massey  Mortell  3 

SO  under  the  rule  Section  twelve  and  pending  amendments 
go  over  until  tomorrow. 

168]  Mr.  Shields  offered  the  following  as  an  additional 
rule  to  the  standing  rules  of  the  Convention: 

Rule .     The  effect  of  a  negative  vote  on  the  question,  "Shall 

the  main  question  be  now  put?"  is  to  cause  the  Convention  to  resume  the 
consideration  of  the  subject  as  though  no  motion  for  the  previous  ques- 
tion had  been  made. 

which  was  read  and  laid  over  under  the  rules  until  tomorrow. 

Mr.  Spaunhorst  moved  to  reconsider  the  vote  by  which 
the  Convention  refused  to  order  the  previous  question.  Mr. 
Priest  then  withdrew  his  motion  for  the  previous  question. 

On  motion  of  Mr,  Conway  the  Convention  adjourned 
until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  Convention  resumed  the  consideration  of  the  sub- 
stitute offered  by  Mr.  McCabe  pending  at  adjournment. 

When  Mr.  Conway  rose  to  a  point  of  order,  and  stated 
that  the  amendment  of  Mr.  Todd  was  offered  as  a  substi- 
tute and  took  precedence  of  Mr.  McCabe's  substitute,  the 
President  decided  the  point  of  order  well  taken. 

The  question  being  upon  the  adoption  of  Mr.  Todd's 
substitute  to  Section  twelve  as  reported  by  the  Committee 
of  the  Whole,  it  was  rejected. 

The  substitute  to  Section  twelve  offered  by  Mr.  McCabe 
was  taken  and  rejected. 


276  JOURNAL  OF  THE  MISSOURI 

Mr.  Johnson  of  Cole,  offered  the  following  amendment 
to  Section  twelve,  as  reported  by  the  Committee  of  the 
Whole: 

Amend  by  striking  out  the  proviso  and  insert  the  following:  "pro- 
vided, this  section  shall  not  apply  to  cases  arising  in  the  land  or  naval 
forces,  or  in  the  militia  when  in  actual  service  in  time  of  war  or  public 
danger." 

which  was  read. 

Mr.  Gantt  offered  the  following  substitute  for  Section 

twelve  as  reported  by  the  Committee  of  the  Whole: 

That  no  person  shall  for  a  felony  or  misdemeanor  be  proceeded 
against  criminally  otherwise  than  by  indictment,  except  that  the  General 
Assembly  may  provide  by  law  that  an  information  may  be  exhibited  in 
the  recess  of  a  grand  jury  against  any  person  in  actual  custody  charged 
169]  with  a  misdemeanor;  and  such  person  maj'  be  thereupon  tried  in 
the  same  manner  as  if  he  had  been  indicted:  Provided,  that  all  cases 
arising  in  the  land  or  naval  forces  or  in  the  militia  in  actual  service  in 
time  of  war  or  public  danger  may  be  prosecuted  by  information. 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Johnson  of  Cole,  it  was  rejected. 

Mr.  Wallace  offered  the  following  substitute  for  Section 

twelve  as  reported  by  the  Committee  of  the  Whole: 

Amend  Section  twelve  by  striking  out  all  after  the  word  "twelfth" 
and  substitute  the  following:  "That  no  person  can  for  an  indictable  of- 
fense be  proceeded  against  criminally  by  information  except  in  cases 
arising  in  the  land  or  naval  forces  or  in  militia  when  in  actual  service 
in  the  time  of  war  or  public  danger,  or,  by  leave  of  court,  for  oppression 
or  misdemeanor  in  office." 

which  was  read. 

Mr.  Taylor  of  St.  Louis  offered  the  following  amendment 
to  Section  twelve  as  reported  by  the  Committee  of  the 
Whole: 

Amend  Section  twelve  by  striking  out  all  after  the  words,  "That  no 
person,"  in  the  first  line  and  insert  in  lieu  thereof  the  following:  "can 
be  convicted  of  a  felony  except  upon  an  indictment  of  a  grand  jury, 
provided,  that  this  section  shall  not  apply  to  cases  arising  in  the  land  or 
naval  forces,  or  in  the  militia  in  time  of  war." 

which  was  read. 

Mr.  Holliday  rose  to  a  point  of  order  and  stated  when 
a  substitute  was  pending  an  amendment  to  the  original  prop- 


CONSTITUTIONAL  CONVENTION,   1875       277 


osition  was  not  in  order.  The  President  ruled  that  the 
friends  of  the  proposition  have  the  right  to  perfect  it  as  far 
as  they  can  by  amendments  before  a  question  is  put  for 
striking  it  out,  and  that  the  consideration  of  the  amendment 
offered  by  Mr.  Taylor  was  in  order. 

The  question  being  upon  the  adoption  of  Mr.  Taylor's 
amendment,  it  was  rejected. 

The  question  recurring  upon  the  adoption  of  the  sub- 
stitute offered  by  Mr.  Wallace,  Messrs.  Holliday  and  Black 
demanded  the  ayes  and  noes. 

The  substitute  was  rejected  by  the  following  vote: 

AYES 


Adams 

Crockett 

Eitzen 

Pipkin 

Switzler 

Allen 

Dysart 

Hardin 

Ray 

Taylor 

Black 

Edwards 

Holliday 

Ross 

of  St.  Louis 

Broadhead 

of  Iron 

Lackland 

of  Morgan 

Wallace 

Brockmeyer 

Edwards 

Letcher 

Shanklin 

Watkins        26 

Carleton 

of  St.  Louis 

Nickerson 

Spaunhorst 

Chrisman 

- 

NOES 

170]  Alexander  Gantt 

Johnston 

McKillop 

Shackelford 

Boone 

Gottschalk 

of  Nodaway 

Mudd 

Shields 

Bradfield 

Hale 

Lay 

Norton 

Taylor 

Conway 

Halliburton 

Mabrey 

Priest 

of  Jasper 

Cottey 

Hyer 

Massey 

Roberts 

Todd 

Crews 

Johnson 

Maxey 

Ross 

Wagner 

Davis 

of  Cole 

McAfee 

of  Polk 

Mr.  President 

Fyan 

McCabe 

Rucker 

34 

ABSENT  WITH  LEAVE 
Dryden  Hammond        McKee  Rider  4 

ABSENT 
Farris  Mortell  Pulitzer  Rippey  4 

Mr.   Broadhead  offered   the  following  amendment  to 
Section  twelve  as  reported  by  the  Committee  of  the  Whole: 

Amend  Section  twelve  by  striking  out  all  after  the  word  "that"  and 
insert  as  follows:  "No  person  shall  for  a  felony  be  proceeded  against 
criminally  otherwise  than  by  indictment  except  in  cases  arising  in  the 
land  or  naval  forces  or  in  the  militia  when  in  actual  service  in  time  of 
war  or  public  danger." 

which  was  read  and  rejected. 


278 


JOURNAL  OF  THE  MISSOURI 


Mr.  Lay  offered  the  following  substitute  to  Section 
twelve  as  reported  by  the  Committee  of  the  Whole: 

Amend  by  substituting  for  Section  twelve  the  following:  "That  no 
person  shall  for  a  felony  be  proceeded  against  criminally  otherwise  than 
by  indictment  of  a  grand  jury,  except  in  eases  of  impeachment,  and  in 
cases  arising  in  the  land  or  naval  forces  or  in  the  militia  when  in  actual 
service  in  time  of  war,  and  provided,  that  all  offenses  below  the  grade 
of  felony,  shall  be  prosecuted  criminally  by  indictment  or  information 
as  concurrent  remedies." 

which  was  read. 

Mr.  Mudd  offered  the  following  amendment  to  the  sub- 
stitute offered  by  Mr.  Lay: 

Amend  the  substitute  by  striking  out  the  words,  "concurrent  reme- 
dies," and  insert  in  lieu  thereof  the  words  "as  may  be  provided  by  law." 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  the  sub- 
stitute offered  by  Mr.  Lay,  Messrs.  Halliburton  and  McCabe 
demanded  the  ayes  and  noes. 

The  substitute  offered  by  Mr.  Lay  to  Section  twelve 
of  the  report  of  the  Committee  of  the  Whole,  was  rejected 
by  the  following  vote: 


171] 

AYES 

Broadhead 

Gantt 

Lackland 

Pipkin 

Rucker 

Crews 

Hale 

Lay 

Ross 

Shackelford 

Dysart 

HoUiday 

McAfee 

of  Morgan 

Shanklin 

Edwards 

Johnston 

Mudd 

Ross 

Todd 

of  St.  Louis 

of  Nodaway 

Norton 
NOES 

of  Polk 

Wagner         21 

Adams 

Conway 

Halliburton 

McCabe 

Taylor 

Allen 

Cottey 

Hardin 

McKillop 

of  Jasper 

Alexander 

Crockett 

Hyer 

Nickerson 

Taylor 

Black 

Davis 

Johnson 

Priest 

of  St.  Louis 

Boone 

Edwards 

of  Cole 

Ray 

Wallace 

Bradfield 

of  Iron 

Letcher 

Roberts 

Watkins 

Brockmeyer 

Eitzen 

Mabrey 

Shield 

Mr.  President 

Carleton 

Fyan 

Massey 

Spaunhorst 

39 

Chrisman 

Gottschalk 

Maxey 

Switzler 

ABSENT  WITH 

LEAVE 

Dryden 

Hammond 

McKee 
ABSENT 

Rider 

4 

Farris 

Mortell 

Pulitzer 

Rippey 

4 

CONSTITUTIONAL  CONVENTION,   1875       279 

Mr.  Conway  offered  the  following  amendment  to  Sec- 
tion twelve  of  the  report  of  the  Committee  of  the  Whole: 

Amend  by  inserting  in  line  two  after  the  word  "cases"  the  words, 
"except  in  cases  of  impeachment." 

which  was  read  and  rejected. 

Mr.  Johnson  of  Cole  offered  the  following  amendment 
to  Section  twelve  of  the  report  of  the  Committee  of  the 
Whole: 

Amend  by  striking  out  the  word  "or"  in  the  last  line  and  adding 
to  section  the  words,  "or  other  lawful  remedy." 

which  was  read  and  rejected. 

Mr.  Broadhead  offered  the  following  amendment  to 
Section  twelve  of  the  report  of  the  Committee  of  the  Whole: 

Amend  by  striking  out  all  after  the  word  "provided"  in  line  three, 
and  insert  after  the  word  "indictment"  in  line  two,  as  follows:  "except 
in  cases  arising  in  the  land  or  naval  forces,  or  in  the  militia  when  in  actual 
service  in  time  of  war  or  public  danger." 

which  was  read. 

Messrs.  Broadhead  and  Holliday  demanded  the  ayes 
and  noes. 

The  amendment  was  adopted  by  the  following  vote: 

AYES 


Allen 

Edwards 

Lay 

Ross 

Taylor 

Black 

of  St.  Louis 

Letcher 

of  Polk 

of  Jasper 

Broadhead 

Eitzen 

McKillop 

Rucker 

Taylor 

Brockmeyer 

Hardin 

Mudd 

Shackelford 

of  St.  Louis 

Chrisman 

Holliday 

Nickerson 

Shanklin 

Todd 

Crews 

Johnson 

Norton 

Shields 

Wagner 

Crockett 

of  Cole 

Pipkin 

Spaunhorst 

Wallace 

Dysart 

Johnston 

Ray 

Switzler 

Watkins 

Edwards 

of  Nodaway 

Ross 

Mr.  President 

of  Iron 

Lackland 

of  Morgan 
NOES 

39 

172]  Alexander  Conway 

Gantt 

Hyer 

McAfee 

Boone 

Cottey 

Gottschalk 

Mabrey 

McCabe 

Bradfield 

Davis 

Hale 

Massey 

Priest 

Carleton 

Fyan 

Halliburton 

Maxey 

Roberts        20 

Dryden 


ABSENT  WITH  LEAVE 
Hammond        McKee  Rider 


280  JOURNAL  OF  THE  MISSOURI 

ABSENT 
Adams  Farris  Mortell  Pulitzer  Rippey  5 

Mr.  Lackland  offered  the  following  amendment  to  Sec- 
tion twelve  as  reported  by  the  Committee  of  the  Whole: 

Strike  out  the  words,  "otherwise  than  by  iDdictment,"  and  insert  in 
lieu  thereof  the  words,  "by  information." 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  Section 
twelve  of  the  report  of  the  Committee  of  the  Whole  as 
amended,  it  was  adopted. 

Section  twenty-two  was  reported  by  the  Committee 
of  the  Whole  as  follows: 

That  no  private  property  can  be  taken  for  private  use,  with  or  with- 
out compensation,  unless  by  the  consent  of  the  owner,  except  for  private 
ways  of  necessity  as  may  be  prescribed  by  law,  and  that  whenever  an 
attempt  is  made  to  take  private  property  for  a  use  alleged  to  be  public 
the  question  whether  the  contemplated  use  be  really  public  shall  be  a 
judicial  question,  and  as  such,  judicially  determined  without  regard 
to  any  legislative  assertion  that  the  use  is  public. 

which  was  read. 

Mr.  Lackland  offered  the  following  amendment  to  Sec- 
tion twenty-two  of  the  report  of  the  Committee  of  the  Whole 
on  Preamble  and  Bill  of  Rights: 

Amend  Section  twenty-two  by  inserting  after  the  word  "necessity" 
in  line  two  the  following  words:  "and  except  for  drains  and  ditches  for 
agricultural  and  sanitary  purposes  across  the  lands  of  others  in  such  man- 
ner." 

which  was  read  and  adopted. 

The  question  recurring  on  the  adoption  of  Section 
twenty-two  of  the  report  of  the  Committee  of  the  Whole 
as  amended,  it  was  adopted.  No  objections  being  made  the 
section  was  numbered  twenty. 

The  following  substitute  was  recommended  by  the  Com- 
mittee of  the  Whole  for  Section  twenty-three  of  the  Preamble 
and  Bill  of  Rights. 

That  private  property  shall  not  be  taken  or  damaged  for  public 
173]  use  without  just  compensation,  and  the  compensation  shall  be  the 
fair  value  in  money  of  the  property  taken.  Such  compensation  shall  be 
ascertained  by  a  jury  in  such  manner  as  may  be  prescribed  by  law;  and 


CONSTITUTIONAL  CONVENTION,   1875        281 

until  the  same  shall  be  paid  to  the  owner  or  into  court  for  such  owner, 
the  property  shall  not  be  disturbed  or  the  proprietary  rights  therein 
divested. 

which  was  read. 

Mr.  Ross  of  Polk  ofYered  the  following  substitute  for 
Section  twenty-three  of  the  report  of  the  Committee  of  the 
Whole: 

Private  property  shall  not  be  taken  or  damaged  for  public  use  with- 
out just  compensation  therefor  first  paid  or  secured;  but  no  benefits  of 
a  general  character  shall  be  deducted  in  assessing  damages, 

which  was  read. 

Mr.  Gottschalk  offered  the  following  amendment  to 
Section  twenty-three  of  the  report  of  the  Committee  of  the 
Whole: 

Amend  Section  twenty-three  by  striking  out  the  words,  "and  the 
compensation  shall  be  the  fair  value  in  money  of  the  property  taken,"  in 
the  second  and  third  lines. 

which  was  read  and  adopted. 

Mr.  Crews  offered  the  following  amendment  to  Section 
twenty-three: 

Strike  out  all  after  the  word  "that"  and  insert  the  following:  "private 
property  shall  not  be  taken  or  damaged  or  applied  to  public  use  without 
just  compensation.  Such  compensation  shall  be  ascertained  by  a  jury 
in  such  manner  as  may  be  prescribed  by  law,  and  until  the  same  shall  be 
paid  to  the  owner  or  into  court  for  such  owner,  the  property  shall  not 
be  disturbed  or  the  proprietary  rights  divested." 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  the  substi- 
tute for  Section  twenty-three  offered  by  Mr.  Ross  of  Polk, 
it  was  rejected. 

Mr.  Hardin  offered  the  following  amendment  to  Section 
twenty-three : 

Amend  by  adding  to  the  section  as  amended  the  following:  "The 
fee  of  land  taken  for  railroad  tracks,  without  consent  of  the  owners 
thereof,  shall  remain  in  such  owner  subject  to  the  use  for  which  it  is 
taken." 

which  was  read  and  adopted. 

Mr.  Todd  offered  the  following  amendment  to  Section 
twenty-three: 


282  JOURNAL  OF  THE  MISSOURI 

Amend  by  inserting  the  words,  "or  board  of  commissioners  of  not 
less  than  three  freeholders,"  after  the  word  "jury"  in  line  three. 

which  was  read  and  adopted. 

174]         Mr.   Wallace  offered  the  following  substitute  for 

Section  twenty-three  as  amended: 

For  Section  twenty-three  as  amended  substitute  the  following: 
"That  no  private  property  can  be  taken,  damaged  or  applied  to  public 
use,  without  just  compensation,  to  be  ascertained  in  the  manner  that 
may  be  provided  by  law  and  the  fee  of  the  land  for  railroad  tracks  taken 
without  the  consent  of  the  owner  thereof  shall  remain  in  said  owner 
subject  for  the  use  for  which  it  was  taken." 

which  was  read. 

Mr.  Shanklin  offered  the  following  amendment  to  the 
substitute  offered  by  Mr.  Wallace: 

Amend  by  striking  out  all  after  the  word  "law,"  and  insert  the  fol- 
lowing: "When  land  is  taken  for  public  use  the  fee  shall  remain  in  the 
owner  subject  to  the  use  for  which  it  was  taken." 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  ot  the  sub- 
stitute offered  by  Mr.  Wallace,  it  was  rejected. 

Mr.  Gantt  offered  the  following  substitute  for  Section 
twenty-three  of  report  of  Committee  of  the  Whole,  as 
amended: 

That  whenever  private  property  is  taken  or  damaged  for  public  use, 
just  compensation  shall  be  made  to  the  owner  therefor  and  the  measured 
inch  compensation  shall  be  the  fair  value  of  the  property  taken,  or  a 
sum  sufficient  to  balance  the  injury  done  thereto  by  the  public  use  or 
improvement.  In  all  cases  the  owner  of  the  property  taken  or  injured 
may  require  the  compensation  to  be  assessed  by  a  jury;  and  until  the 
compensation  awarded  shall  be  paid  to  the  owner  or  into  court  for  the 
use  of  the  owner  his  proprietary  rights  therein  shall  not  be  divested. 

which  was  read. 

Messrs.  Heyer  and  Halliburton  demanded  the  ayes 
and  noes. 

The  substitute  to  Section  twenty-three  offered  by  Mr. 
Gantt  was  rejected  by  the  following  vote: 

AYES 


Adams 

Carleton 

Gantt 

Pipkin 

Roberts 

Alexander 

Conway 

Hyer 

Ray 

Ross 

Boone 

Dysart 

Letcher 

Rippey 

of  Polk 

CONSTITUTIONAL  CONVENTION,   1875       283 


Rucker 

Taylor 

Todd 

Watkins 

Mr.  President 

Spaunhorst 

of  St.  Louis 

NOES 

20 

175]  Allen 

Edwards 

Hardin 

Massey 

Ross 

Black 

of  Iron 

HoUiday 

Maxey 

of  Morgan 

Bradfield 

Edwards 

Johnson 

McAfee 

Shackelford 

Broadhead 

of  St.  Louis 

of  Cole 

McCabe 

Shanklin 

Brockmeyer 

Eitzen 

Johnston 

McKee 

Shields 

Chrisman 

Fyan 

of  Nodaway 

McKillop 

Taylor 

Cottey 

Gottschalk 

Lackland 

Nickerson 

of  Jasper 

Crews 

Hale 

Lay 

Norton 

Wagner 

Crockett 

T-\ •  _ 

Halliburton 

Mabrey 

Priest 

Wallace         40 

Dry  den 


Farris 


ABSENT  WITH  LEAVE 
Hammond        Rider 


Mortell 


ABSENT 
Mudd  Pulitzer 


Switzler 


Mr.  Dysart  offered  the  following  amendment  to  Section 
twenty-three  of  the  Committee  of  the  Whole: 

Amend  by  striking  out  all  after  the  word  "that"  in  the  first  line  and 
insert  as  follows:  "private  property  shall  not  be  taken,  appropriated  or 
damaged  for  public  use  without  just  compensation  to  be  ascertained  in 
such  manner  as  may  be  provided  by  law.  In  all  cases  the  owner  of  the 
property  taken  or  injiired  may  require  that  compensation  be  assessed 
by  a  jury,  and  until  the  compensation  awarded  shall  be  tendered  or  paid 
into  court  for  the  use  of  the  owner  his  proprietary  rights  shall  not  be 
divested." 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  Section 
twenty-three  of  the  Committee  of  the  Whole  as  amended,  it 
was  adopted. 

There  being  no  objection  Section  twenty-three  was 
numbered  Section  twenty-one. 

The  following  section  as  reported  by  the  Committee 
of  the  Whole  as  a  substitute  for  Section  twenty-four  as  re- 
ported by  Committee  on  Preamble  and  Bill  of  Rights: 

In  all  criminal  prosecutions  the  accused  shall  have  the  right  to  ap- 
pear and  defend  in  person  and  by  counsel,  to  demand  the  nature  and 
cause  of  the  accusation,  to  meet  the  witnesses  against  him  face  to  face, 
to  have  process  to  compel  the  attendance  of  witnesses  in  his  behalf,  and 
a  speedy  public  trial  by  an  impartial  jury  of  the  county. 

which  was  read. 


284  JOURNAL  OF  THE  MISSOURI 

Mr.  Todd  offered  the  following  amendment  to  Section 
twenty-four  as  reported  by  the  Committee  of  the  Whole: 

Amend  by  adding  after  the  words,  "face  to  face,"  in  line  three  the 
words,  "but  in  cases  not  capital,  if  the  witnesses  be  beyond  the  juris- 
diction of  the  State,  or  dead  at  the  time  of  the  trial,  the  depositions  of 
such  witnesses,  taken  in  the  presence  of  the  accused,  and  with  notice  to 
him,  in  such  manner  as  shall  be  provided  for  by  law,  may  be  read  in  evi- 
dence on  the  trial." 

176]  which  was  read. 

Mr.  Johnston  of  Nodaway  offered  the  following  amend- 
ment to  the  amendment  of  Mr.  Todd: 

Amend  the  amendment  by  inserting  the  word  "voluntary"  next 
before  the  words,  "presence  of  the  accused." 

which  was  read  and  rejected. 

Mr.  McCabe  offered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Todd: 

Amend  the  amendment  by  adding  after  the  word  "trial"  in 
the  last  line  the  following:  "and  provided,  that  the  General  Assembly 
may  at  any  time  hereafter  abolish  the  right  on  the  part  of  the  State  to 
take  depositions  in  the  cases  and  under  the  circumstances  above  set 
forth." 

which  was  read. 

Mr.   Cottey  offered  the  following  amendment  to  the 
rules  of  the  Convention: 

Amend  Rule  34  by  striking  out  the  word  "two"  and  insert  therein 
the  word  "five"  so  that  the  rule  shall  read:  "any  five  members  shall  have 
the  right  to  call  for  the  ayes  and  noes  on  any  question." 

which  was  read  and  laid  over  under  the  rules. 

On  motion  of  Mr.  Priest  the  Convention  adjourned  un- 
til tomorrow,  9  o'clock  a.  m. 


SATURDAY,  JUNE  5,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment. 
The  journal  of  yesterday  was  read  and  approved. 
Mr.  Pipkin  offered  the  following  resolution: 


CONSTITUTIONAL  CONVENTION,   1875       285 


Resolved,  That  as  the  sergeant-at-arms  of  the  Convention  has  not 
been  in  the  discharge  of  the  duties  of  his  office  now  for  about  two  weeks 
and  that  there  is  really  no  necessity  for  the  services  of  said  officer  the 
same  be  declared  vacant  from  and  after  this  date. 

which  was  read. 

Mr.  Lackland  moved  to  indefinitely  postpone  the  con- 
sideration of  the  resolution.  Messrs.  Massey  and  Heyer 
demanded  the  ayes  and  noes. 

The  motion  to  indefinitely  postpone  was  adopted  by  the 
following  vote: 

AYES 


177]  Adams 

Davis 

Hardin 

Mabrey 

Ross 

AUen 

Edwards 

HoUiday 

McAfee 

of  Morgan 

Black 

of  Iron 

Johnson 

McKee 

Ross 

Brockmeyer 

Eitzen 

of  Cole 

McKillop 

of  Polk 

Carleton 

Fyan 

Johnston 

Mortell 

Rueker 

Chrisman 

Gottschalk 

of  Nodaway 

Norton 

Shackelford 

Conway 

Hale 

Lackland 

Roberts 

Shields 

Crews 

Halliburton 

Lay 

NOES 

Taylor           34 

Alexander 

Edwards 

Maxey 

Ray 

Todd 

Boone 

of  St.  Louis 

McCabe 

Rippey 

Wagner 

Bradfield 

Gantt 

Mudd 

Spaunhorst 

Wallace 

Cottey 

Hyer 

Niekerson 

Switzler 

Mr.  President 

Crockett 

Letcher 

Pipkin 

Taylor 

28 

Dysart 

Massey 

Priest 

of  Jasper 

ABSENT  WITH  LEAVE 
Dryden  Hammond        Rider  3 

ABSENT 
Farris  Pulitzer  Shanklin  3 

Mr.  Conway  offered  the  following  resolution: 
Resolved,  That  hereafter  the  regular  time  for  the  convening  of  this 
Convention  at  its  morning  session  be  8  o'clock. 

which  was  read. 

Mr.  Taylor  of  Jasper  moved  to  lay  the  resolution  on 

the  table,  which  was  adopted. 

Mr.  Conway  offered  the  following  resolution: 
Resolved,  That  hereafter  the  regular  time  for  the  convening  of  the 

Convention  at  its  morning  session  be  8:30  o'clock. 

which  was  read. 


286 


JOURNAL  OF  THE  MISSOURI 


Mr.  Hardin  moved  to  lay  the  resolution  on  the  table, 
which  was  adopted. 

Mr.  Gottschalk  offered  the  following  resolution: 

Resolved,  That  the  Adjutant-General  of  this  State  be  requested  to 
communicate  to  this  Convention  the  facts  in  reference  to  alleged  fraud- 
ulent issue  of  certificates  of  indebtedness  of  war  claims.  Resolved 
further,  That  the  Secretary  of  this  Convention  furnish  to  the  Adjutant- 
General  a  copy  of  this  resolution. 

which  was  read  and  adopted. 

Mr.  Switzler  called  up  the  proposed  additional  rule  to 
the  rule  of  the  Convention  offered  on  yesterday  by  Mr. 
Shields,  which  was  read  a  second  time  and  rejected. 

The  Convention  resumed  the  consideration  of  the 
amendment  offered  by  Mr.  McCabe  to  the  amendment  of- 
fered by  Mr.  Todd  to  Section  twenty-four  pending  at  ad- 
journment on  Friday,  June  4th.     It  was  rejected. 

The  question  recurring  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Todd  to  Section  twenty-four,  Messrs. 
Todd  and  Shields  demanded  the  ayes  and  noes. 

The  amendment  was  rejected  by  the  following  vote: 

AYES 


178]  Gantt 

Letcher 

Pipkin 

Rueker 

Todd               9 

Lackland 

Mudd 

Rippey 
NOES 

Spaunhorst 

Adams 

Crews 

Hardin 

McKee 

Shackelford 

Allen 

Crockett 

Holliday 

McKillop 

Shields 

Alexander 

Davis 

Hyer 

Mortell 

Taylor 

Black 

Dysart 

Johnson 

Norton 

of  Jasper 

Boone 

Edwards 

of  Cole 

Priest 

Taylor 

Bradfield 

of  Iron 

Johnston 

Ray 

of  St.  Louis 

Broadhead 

Edwards 

of  Nodaway 

Roberts 

Wagner 

Brockmeyer 

of  St.  Louis 

1  Lay 

Ross 

Wallace 

Carleton 

Eitzen 

Mabrey 

of  Morgan 

Watkins 

Chrisman 

Fyan 

Massey 

Ross 

Mr.  President 

Conway 

Gottschalk 

Maxey 

of  Polk 

50 

Cottey 

HalUburton 

McCabe 

ABSENT  WITH  LEAVE 
Dryden  Hammond        Rider  Shanklin 

ABSENT 
Farris  Hale  Nickerson         Pulitzer 


Switzler 


CONSTITUTIONAL  CONVENTION,   1875       287 

The  question  recurring  upon  the  adoption  of  Section 
twenty-four  as  reported  by  the  Committee  of  the  Whole, 
it  was  adopted. 

Section  twenty-five  of  the  report  of  the  Committee  on 
Preamble  and  Bill  of  Rights  was  read  and  adopted. 

The  following  substitute  was  recommended  by  the  Com- 
mittee of  the  Whole  for  Section  twenty-six  as  reported  by  the 
Committee  on  Preamble  and  Bill  of  Rights: 

That  all  persons  shall  be  bailable  by  sufficient  sureties,  except  for 
capital  offenses  when  the  proof  is  evident  or  the  presumption  great. 

which  was  read. 

Mr.  Todd  offered  the  following  amendment  to  the  sub- 
stitute for  Section  twenty-six  as  reported  by  the  Committee 
of  the  Whole: 

Amend  by  adding  the  following  words:  "Provided,  That  no  officer 
of  the  court  in  which  the  case  would  ordinarily  be  tried,  shall  be  received 
as  a  surety." 

which  was  read  and  rejected. 

Mr.  Dysart  offered  the  following  amendment  to  the 
substitute  for  Section  twenty-six  as  reported  by  the  Commit- 
tee of  the  Whole: 

Amend  the  substitute  by  striking  out  all  after  the  word  "sureties" 
in  the  first  line. 

which  was  read  and  rejected. 

Mr.  Gantt  offered  the  following  amendment  to  the  sub- 
stitute recommended  by  the  Committee  of  the  Whole  for 
Section  twenty-six: 

Strike  out,  "when  the  proof  is  evident  or,"  and  insert  after  "pre- 
179]  sumption,"  the  words,  "of  guilt  is." 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  the  sub- 
stitute recommended  by  the  Committee  of  the  Whole  for 
Section  twenty-six,  it  was  adopted. 

The  following  substitute  was  recommended  by  the  Com- 
mittee of  the  Whole  for  Section  twenty-seven  as  reported 
by  the  Committee  on  Preamble  and  Bill  of  Rights: 


288  JOURNAL  OF  THE  MISSOURI 

Section  27.  That  excessive  bail  shall  not  be  required,  nor  ex- 
cessive fines  imposed,  nor  cruel  and  unusual  punishments  inflicted. 

which  was  read. 

Mr.  Taylor  of  St.  Louis  offered  the  following  amend- 
ment to  the  substitute  recommended  by  the  Committee  of 
the  Whole  for  Section  twenty-seven: 

Amend  Section  twenty-seven  by  striking  out  "and"  in  the  second 
line  and  insert  in  lieu  thereof  the  word  "or." 

which  was  read  and  rejected. 

The  substitute  for  Section  twenty-seven  as  recommen- 
ded by  the  Committee  of  the  Whole,  was  adopted. 

Section  twenty-eight  of  the  report  of  the  Committee  on 
Preamble  and  Bill  of  Rights  was  read. 

Mr.  Eitzen  offered  the  following  amendment  to  Section 
twenty-eight  as  reported  by  the  Committee  on  Preamble 
and  Bill  of  Rights: 

Add,  "unless  when,  in  cases  of  rebellion  or  invasion,  the  public  safety 
may  require  it." 

which  was  read  and  rejected. 

Mr.  Wallace  offered  the  following  amendment  to  Sec- 
tion twenty-eight: 

Amend  Section  twenty-eight  by  adding  thereto  the  following  words: 
"unless  when  in  case  of  rebellion  or  invasion  the  General  Assembly  shall 
declare  the  public  safety  requires  it." 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  Section 
twenty-eight,  it  was  adopted. 

Section  twenty-nine  of  the  report  of  the  Committee  on 
Preamble  and  Bill  of  Rights  was  read  and  adopted. 

On  motion  of  Mr.  Gottschalk  the  report  of  the  Com- 
mittee of  the  Whole,  rejecting  Section  thirty  as  reported  by 
the  Committee  on  Preamble  and  Bill  of  Rights,  was  adopted. 

The  following  additional  section  to  the  Bill  of  Rights 
was  recommended  by  the  Committee  of  the  Whole: 

Section  30.  The  right  of  trial  by  jury  as  heretofore  enjoyed 
shall  remain  inviolate,  but  a  jury  for  the  trial  of  criminal  or  civil  cases, 
180]  in  courts  not  of  record,  may  consist  of  less  than  twelve  men,  as  may 
be  prescribed  by  law.     Hereafter  a  grand  jury  shall  consist  of  twelve 


CONSTITUTIONAL  CONVENTION,   1875       289 

men,  any  nine  of  whom  concurring  may  find  an  indictment  or  a  true  bill, 
and  it  shall  be  the  duty  of  the  grand  jury  in  each  county,  at  least  once  a 
year,  to  investigate  the  official  acts  of  all  officers  having  charge  of  public 
funds,  and  report  the  same  in  writing  to  the  court. 

which  was  read. 

Mr.  Wallace  ofTered  the  following  amendment  to  the 
additional  section  proposed  by  the  Committee  of  the  Whole 
as  Section  thirty: 

Strike  out  in  lines  three  and  four  the  words,  "shall  consist  of  twelve 
men  any  nine,"  and  insert  the  words,  "shall  consist  of  sixteen  men  any 
twelve,"  in  lieu  thereof. 

which  was  read  and  rejected. 

Mr.  Taylor  of  St.  Louis  offered  the  following  amend- 
ment to  the  proposed  Section  thirty: 

Amend  the  proposed  section  by  striking  out  the  words,  "or  a  true 
bill,"  in  the  fourth  line. 

which  was  read  and  rejected. 

Mr.  Crews  offered  the  following  amendment  to  the  pro- 
posed Section  thirty: 

Amend  by  inserting  after  the  word  "law"  in  third  line  the  following: 
"the  concurrence  of  two- thirds  of  whom  may  return  a  verdict." 

which  was  read  and  rejected. 

Mr.  Gantt  offered  the  following  amendment  to  the  pro- 
posed Section  thirty: 

Strike  out  in  line  two  the  words  "criminal  or"  and  the  words  "in 
courts  not  of  record." 

which  was  read  and  rejected. 

Mr.  Todd  offered  the  following  amendment  to  the  pro- 
posed Section  thirty: 

Amend  by  striking  out  the  words,  "as  heretofore  enjoyed,"  in  line 
one. 

which  was  read  and  rejected. 

Mr.  Gottschalk  moved  to  reconsider  the  vote  by  which 
the  amendment  offered  by  Mr.  Gantt  was  rejected.  The 
motion  to  reconsider  was  adopted. 

The  question  recurring  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Gantt,  Mr.  Wallace  called  for  a  division 

10 


290 


JOURNAL  OF  THE  MISSOURI 


of  the  question.  The  Convention  refused  to  divide  the 
question.  The  amendment  offered  by  Mr.  Gantt  was  re- 
jected. 

Mr.  Letcher  offered  the  following  amendment  to  the 
proposed  new  Section  thirty: 

Amend  by  inserting  in  the  sixth  line  between  the  words,  "funds  and," 
181]  the  following,  "or  of  public  institutions," 

which  was  read  and  rejected. 

Mr.  Wallace  offered  the  following  amendment  to  the 
proposed  new  Section  thirty: 

Amend  by  inserting  after  the  words,  "at  least  once  a  year,"  in  the 
fifth  line  the  words,  "when  so  charged  by  the  court." 

which  was  read  and  rejected. 

Mr.  Gottschalk  offered  the  following  amendment  to  the 
proposed  new  Section  thirty: 

Amend  line  6  by  striking  out  the  words,  "the  same,"  and  insert  in 
lieu  thereof,  "the  result  of  their  investigation." 

which  was  read  and  adopted. 

Mr.  Todd  offered  the  following  amendment  to  the  pro- 
posed new  Section  thirty: 

Amend  by  adding  the  following  words:  "It  shall  be  a  lawful  ob- 
jection to  a  juror,  that  he  cannot  read  and  write  the  English  language, 
or  understand  its  speech  ordinarily  well." 

The  question  being  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Todd,  Messrs.  Todd  and  Carleton  de- 
manded the  ayes  and  noes. 

The  amendment  was  rejected  by  the  following  vote: 


AYES 


Broadhead 

Massey 

Rucker 

Taylor 

Todd               ! 

Carleton 

Rippey 

Spaunhorst 

of  St.  Louis 

Gantt 

NOES 

Adams 

Chrisman 

Dysart 

Gottschalk 

Johnson 

Allen 

Conway 

Edwards 

Hale 

of  Cole 

Alexander 

Cottey 

of  Iron 

Halliburton 

Johnston 

Black 

Crews 

Eitzen 

Hardin 

of  Nodaway 

Boone 

Crockett 

Farris 

Hyer 

Lackland 

Bradfield 

Davis 

Fyan 

CONSTITUTIONAL  CONVENTION,   1875       291 


Lay 

McCabe 

Norton 

Letcher 

McKee 

Priest 

Mabrey 

McKillop 

Ray 

Maxey 

Mortell 

Roberts 

McAfee 

Nickerson 

Ross  Wallace 

of  Morgan  Watkins 

Shackelford  Mr.  President 
Wagner  45 


Dryden 


ABSENT  WITH  LEAVE 
Hammond        Rider  Shanklin 


Brockmeyer     HoUiday 
Edwards  Mudd 

of  St.  Louis  Pipkin 


ABSENT 

Pulitzer 
Ross 
of  Polk 


Switzler 
Shields 


Taylor 
"of  Jasper  10 


Mr.  Todd  offered  the  following  amendment  to  the  pro- 
posed new  Section  thirty  recommended  by  the  Committee 
of  the  Whole: 

Amend  by  adding  the  following  words:  "It  shall  not  be  a  lawful 
objection  to  a  person,  serving  as  a  juror,  in  a  criminal  case,  that  he  has 
information  of  the  case  or  that  he  has  an  opinion  in  the  case  from  such 
information,  provided  he  will  swear  that  he  believes  that  he  can  render  a 
fair  and  impartial  verdict  in  the  case,  under  the  law  and  evidence  thereof 
as  presented  on  the  trial,  notwithstanding  such  information,  or  opinion." 

which  was  read. 

182]  The  question  being  upon  the  adoption  of  the 
amendment  offered  by  Mr.  Todd,  Messrs.  Todd  and  Halli- 
burton demanded  the  ayes  and  noes. 

The  amendment  was  rejected  by  the  following  vote: 


AYES 

Gantt 

Rucker 

Todd 

NOES 

3 

Adams 

Crockett 

Hyer 

McKee 

Shields 

Allen 

Davis 

Johnson 

McKillop 

Spaunhorst 

Alexander 

Dysart 

of  Cole 

Mortell 

Taylor 

Black 

Edwards 

Johnston 

Nickerson 

of  Jasper 

Boone 

of  Iron 

of  Nodaway  Norton 

Taylor 

Bradfield 

Eitzen 

Lackland 

Priest 

of  St.  Louis 

Broadhead 

Farris 

Lay 

Ray 

Wagner 

Carleton 

Fyan 

Mabrey 

Rippey 

Wallace 

Chrisman 

Gottschalk 

Massey 

Roberts 

Watkins 

Conway 

Hale 

Maxey 

Ross 

Mr.  President 

Cottey 

Halliburton 

McAfee 

of  Morgan 

53 

Crews 

Hardin 

McCabe 

Shackelford 

292 


JOURNAL  OF  THE  MISSOURI 


Dryden 


ABSENT  WITH  LEAVE 
Hammond        Rider  Shanklin 


Broekmeyer     Holliday 
Edwards  Mudd 

of  St.  Louis 


ABSENT 

Pipkin 
Pulitzer 


Ross 
of  Polk 


Switzler 


Mr.  Todd  offered  the  following  amendment  to  the  pro- 
posed new  Section  thirty: 

Amend  by  adding  the  following:  "In  the  trial  of  cases  of  crime  it 
shall  be  the  right  of  the  jury  to  determine  the  quality  or  degree  of  the 
crime,  of  its  class  and  its  punishments,  provided,  however,  that  the  pun- 
ishment shall  not  exceed  that  declared  by  law  for  crime  of  its  class." 

which  was  read. 

The  question  being  on  the  adoption  of  the  amendment, 
Messrs.  Todd  and  Halliburton  demanded  the  ayes  and  noes. 

The  amendment  was  rejected  by  the  following  vote: 


Todd 


AYES 


NOES 


Adams 

Crockett 

Hyer 

McCabe 

Shackelford 

Allen 

Davis 

Johnson 

MeKee 

Shields 

Alexander 

Dysart 

of  Cole 

McKillop 

Spaunhorst 

Black 

Edwards 

Johnston 

Mortell 

Taylor 

Boone 

of  Iron 

of  Nodaway 

Niekerson 

of  Jasper 

Bradfield 

Farris 

Lackland 

Norton 

Taylor 

Broadhead 

Fyan 

Lay 

Priest 

of  St.  Louis 

Carleton 

Gantt 

Letcher 

Ray 

Wagner 

Chrisman 

Gottschalk 

Mabrey 

Rippey 

Wallace 

Conway 

Hale 

Massey 

Roberts 

Watkins 

Cottey 

HaUiburton 

Maxey 

Ross 

Mr.  President 

Crews 

Hardin 

McAfee 

of  Morgan 

53 

Dryden 


ABSENT  WITH  LEAVE 
Hammond        Rider  Shankhn 


183]  Broekmeyer 
Edwards 
of  St.  Louis 


Eitzen 

Holliday 

Mudd 


ABSENT 

Pipkin 
Pulitzer 


Ross 
of  Polk 


Rucker 
Switzler 


10 


Mr.  Boone  offered  the  following  amendment  to  the  pro- 
posed new  Section  thirty: 


CONSTITUTIONAL  CONVENTION,   1875       293 


Amend  the  section  by  adding: 
be  abolished  by  law  in  all  oases." 


"Provided,  that  the  grand  jury  may 


which  was  read  and  rejected, 

Mr.  Shields  offered  the  following  amendment  to  the  pro- 
posed new  Section  thirty: 

Amend  by  inserting  the  words,  "or  of  penal  or  reformatory  institu- 
tions," after  the  word  "funds"  in  the  sixth  line  thereof. 

which  was  read  and  rejected. 

The  question  being  upon  the  adoption  of  the  section 
as  amended,  Messrs.  Gottschalk  and  Halliburton  demanded 
the  ayes  and  noes. 

The  proposed  new  Section  thirty,  as  recommended  by 
the  Committee  of  the  whole  as  amended,  was  adopted  by 
the  following  vote: 


AYES 

Adams 

Davis 

Johnston 

McKillop 

Rueker 

Allen 

Dysart 

of  Nodaway 

Mortell 

Shackelford 

Alexander 

Farris 

Lackland 

Nickerson 

Shields 

Black 

Fyan 

Lay 

Norton 

Taylor 

Bradfield 

Gantt 

Letcher 

Priest 

of  Jasper 

Chrisman 

Gottschalk 

Maxey 

Rippey 

Taylor 

Conway 

Hale 

McCabe 

Roberts 

of  St.  Louis34 

Cottey 

McKee 
NOES 

Boone 

Edwards 

Johnson 

Ray 

Wagner 

Broadhead 

of  Iron 

of  Cole 

Ross 

Wallace 

Carleton 

Halhburton 

Mabrey 

of  Morgan 

Watkins 

Crews 

Hardin 

Massey 

Spaunhorst 

Mr.  President 

Crockett 

Hyer 

McAfee 

Todd 

21 

Dryden 


ABSENT  WITH  LEAVE 
Hammond        Shanklin  Rider 


Brockmeyer     Eitzen 
Edwards  HoUiday 

of  St.  Louis 


ABSENT 
Mudd 


Pipkin 
Pulitzer 


Ross 

of  Polk 
Switzler 


On   motion   of   Mr.    Halliburton   the   Convention   ad- 
journed until  2  o'clock  p.  m. 


294 


JOURNAL  OF  THE  MISSOURI 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment. 
The  roll  being  called  the  following  members  answered 
to  their  names: 


Adams 

Crockett 

Halliburton 

McCabe 

Switzler 

Allen 

Davis 

Hardin 

McKillop 

Taylor 

Alexander 

Dysart 

Holliday 

Nickerson 

of  St.  Louis 

Black 

Edwards 

Johnston 

Priest 

Wagner 

Bradfield 

of  Iron 

of  Nodaway  Rippey 

Wallace 

Carleton 

Fyan 

Lackland 

Rucker 

Watkins 

Chrisman 

Gantt 

Letcher 

Shackelford 

Mr.  President 

Conway 

Gottschalk 

Maxey 

Spaunhorst 

39 

Cottey 

Hale 

McAfee 
ABSENT 

Boone 

Eitzen 

Mabrey 

Pipkin 

Ross 

Broadhead 

Farris 

Massey 

Ray 

of  Polk 

Crews 

Hyer 

McKee 

Roberts 

Shields 

Edwards 

Johnson 

Mortell 

Ross 

Taylor 

of  St.  Louis 

of  Cole 

Mudd 

of  Morgan 

of  Jasper 

Lay 

Norton 

Todd             23 

ABSENT  WITH 

LEAVE 

184]  Brockmeyer     Hammond    Pulitzer 

Rider 

Shanklin         6 

Dry den 

Mr.  Hale  asked  for  leave  of  absence  for  Mr.  Shanklin, 
which  was  granted. 

Mr.  Cottey  called  up  his  amendment  to  Rule  34  offered 
yesterday  which  was  read  a  second  time  and  adopted. 

Mr.  Allen  asked  for  leave  of  absence  for  Mr.  Brock- 
meyer, which  was  granted. 

Mr.  Todd  asked  for  leave  of  absence  for  Mr.  Pultizer, 
which  was  granted. 

Section  thirty-one  was  recommended  by  the  Committee 
of  the  whole  as  a  new  section  to  the  Preamble  and  Bill  of 
Rights,  as  follows: 

That  no  title  of  nobility  or  hereditary  emolument,  privilege  or  dis- 
tinction shall  be  granted. 

which  was  read  and  rejected. 


CONSTITUTIONAL  CONVENTION,   1875       295 

Section  thirty-two  was  recommended  by  the  Com- 
mittee of  the  Whole  as  a  new  section  to  the  Preamble  and 
Bill  of  Rights,  as  follows: 

That  the  people  have  the  right  peaceably  to  assemble  for  their  oom- 
mon  good  and  to  apply  to  those  vested  with  the  powers  of  government 
for  redress  of  grievances  by  petition  or  remonstrance. 

which  was  read. 

The  question  being  on  the  adoption  of  Section  thirty- 
two  as  recommended  by  the  Committee  of  the  Whole, 
Messrs.  Gantt,  Lay,  Pipkin,  Hale,  and  Alexander  demanded 
the  ayes  and  noes. 

The  section  was  adopted  by  the  following  vote: 

AYES 


Adams 

Crockett 

Johnson 

McKee 

Spaunhorst 

Allen 

Davis 

of  Cole 

McKillop 

Switzler 

Alexander 

Edwards 

Johnston 

Nickerson 

Taylor 

Black 

of  Iron 

of  Nodaway 

Norton 

of  Jasper 

Boone 

Fyan 

Lackland 

Pipkin 

Taylor 

Broadhead 

Hale 

Lay 

Priest 

of  St.  Louis 

Carleton 

Halliburton 

Mabrey 

Roberts 

Todd 

Chrisman 

Hardin 

Massey 

Ross 

Wagner 

Conway 

HoUiday 

Maxey 

of  Morgan 

Wallace 

Cottey 

Hyer 

McAfee 

Rucker 

Watkins        47 

Crews 

McCabe 
NOES 

Shackelford 

Bradfield 

Gantt 

Rippey 

Mr.  President                         6 

Dysart 

Gottschalk 

ABSENT 

Edwards 

Eitzen 

Letcher 

Mudd 

Ross 

of  St.  Louis 

Farris 

Mortell 

Ray 

of  Polk 
Shields           9 

ABSENT  WITH  ] 

LEAVE 

185]  Brockmeyer      Hammond      Pulitzer 

Rider 

Shanklin         6 

Dryden 

Section  thirty-three  was  recommended  by  the  Com- 
mittee of  the  Whole  as  a  new  section  to  the  Preamble  and 
Bill  of  Rights,  as  follows: 

That  no  person  shall  be  deprived  of  life,  liberty  or  property  without 
due  process  of  law. 

which  was  read  and  adopted. 


296 


JOURNAL  OF  THE  MISSOURI 


Section  thirty-four  was  recommended  by  the  Com- 
mittee of  the  Whole  as  a  new  section  to  the  Preamble  and 
Bill  of  Rights,  as  follows: 

No  money  shall  be  drawn  from  the  treasury  but  in  consequence  of 
appr  opriations  made  by  law,  and  a  regular  statement  and  account 
of  the  receipts  and  expenditures  of  all  public  money  shall  be  published 
from  time  to  time. 

which  was  read  and  adopted. 

Mr.  Wallace  offered  the  following  as  a  new  section  to 
the  Preamble  and  Bill  of  Rights: 

Section — .  That  there  cannot  be  in  this  State,  either  slavery  or  in- 
voluntary servitude  except  in  punishment  of  crime,  whereof  the  party 
shall  have  been  duly  convicted. 

which  was  read. 

Mr.  Dryden  offered  the  following  for  the  proposed  sec- 
tion of  Mr.  Wallace: 

There  shall  be  no  slavery  in  this  State  nor  involuntary  servitude 
unless  for  the  punishment  of  crimes. 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  the  additional 
section  offered  by  Mr.  Wallace,  Messrs.  Wallace,  Alexander, 
Shackelford,  Rucker  and  Switzler  demanded  the  ayes  and 
noes. 

The  additional  section  was  adopted  by  the  following 
vote: 

AYES 


Adams 

Dysart 

Johnson 

McKillip 

Shields 

Allen 

Edwards 

of  Cole 

Nickerson 

Spaunhorst 

Alexander 

of  Iron 

Johnston 

Norton 

Switzler 

Black 

Farris 

of  Nodaway  Pipkin 

Taylor 

Boone 

Fyan 

Lackland 

Priest 

of  Jasper 

Bradfield 

Gantt 

Lay 

Ray 

Taylor 

Broadhead 

Gottschalk 

Mabrey 

Ross 

of  St.  Louis 

Chrisman 

Hale 

Massey 

of  Morgan 

Todd 

Conway 

Halliburton 

Maxey 

Ross 

Wagner 

Cottey 

Hardin 

McAfee 

of  Polk 

Wallace 

Crews 

Holliday 

McCabe 

Rucker 

Mr.  President 

Crockett 

Hyer 

McKee 
NOES 

Shackelford 

52 

Carleton 

Davis 

Watkins 

3 

CONSTITUTIONAL  CONVENTION,   1875       297 

ABSENT 

Edwards  Eitzen  Mortell  Rippey  Roberts  7 

of  St.  Louis  Letcher  Mudd 

186]  ABSENT  WITH  LEAVE 

Broekmeyer     Hammond        Pulitzer  Rider  Shanklin         6 

Dryden 

A  report  was  received  from  the  Adjutant-General  in 
compliance  with  the  resolution  offered  by  Mr.  Gottschalk, 
which  was  laid  over  informally. 

Mr.  Lackland  offered  the  following  as  an  additional 
section  to  the  Preamble  and  Bill  of  Rights: 

That  no  person  can,  on  account  of  color,  be  disqualified  as  a  witness, 
or  be  disabled  to  contract  otherwise  than  as  others  are  disabled,  or  be 
liable  to  any  other  punishment  for  any  offenses  than  that  imposed  upon 
others  for  a  like  offense,  or  be  restricted  in  the  exercise  of  religious  worship, 
or  be  hindered  in  acquiring  education,  or  be  subjected  in  law  to  any  other 
restraints  or  disqualifications,  in  regard  to  any  personal  rights,  than  such 
as  are  laid  upon  others  under  like  circumstances. 

which  was  read  and  on  motion  of  Mr.  Massey  laid  on  the 
table. 

Mr.  Johnson  of  Cole  offered  the  following  as  a  new  sec- 
tion to  the  Preamble  and  Bill  of  Rights: 

That  this  State  is  and  shall  remain  a  part  of  the  American  Union, 
and  the  provisions  of  the  Constitution  of  the  United  States  and  of  this 
State  have  the  same  binding  force  in  time  of  war  as  in  the  time  of  peace, 
and  any  departure  therefrom  at  any  time,  or  under  any  circumstances, 
is  subversion  of  good  government  and  the  rights  of  the  citizen  and  tends 
to  anarchy  and  despotism. 

which  was  read  and  on  motion  of  Mr.  Todd  referred  to  the 
Committee  on  Federal  Relations. 

Mr.  Lay  offered  the  following  as  an  additional  section 
to  the  Bill  of  Rights: 

The  enumeration  in  this  Constitution  of  certain  rights  shall  not  be 
construed  to  deny,  impair,  or  disparage  others  retained  by  the  people. 

which  was  read  and  adopted. 

The  Preamble  to  the  Bill  of  Rights  was  read. 

Mr.  Switzler  offered  the  following  substitute  for  the 
Preamble  as  reported  by  the  Committee  of  the  Whole: 


298  JOURNAL  OF  THE  MISSOURI 

We,  the  people  of  the  State  of  Missouri,  grateful  to  Almighty  God, 
187]  for  the  civil,  political  and  religious  liberty  He  has  permitted  us  to 
enjoy,  and  looking  to  Him  for  guidance  in  our  endeavors  to  secure  and 
transmit  the  same  unimpaired  to  succeeding  generations,  in  order  to 
form  a  more  perfect  government,  to  establish  justice,  insure  domestic 
tranquility,  provide  for  the  common  defense,  promote  the  general  wel- 
fare and  secure  the  blessings  of  liberty  to  ourselves  and  our  posterity, 
do  ordain  and  establish  this  Constitution  for  the  State  of  Missouri. 

which  was  read. 

Mr.  Carleton  offered  the  following  amendment  to  the 
substitute  offered  by  Mr.  Switzler: 

Amend  the  substitute  by  striking  out  everything  after  the  word 
"Missouri"  in  the  first  line  and  inserting  in  lieu  thereof  the  following: 
"In  Convention  assembled  in  order  to  form  a  more  perfect  government, 
establish  justice,  insure  domestic  tranquility,  provide  for  the  common 
defense,  promote  the  general  welfare  and  secure  the  blessings  of  liberty 
to  ourselves  and  to  our  posterity  do  ordain  and  establish  this  revised  and 
amended  Constitution." 

which  was  read  and  rejected. 

Mr.  Todd  offered  the  following  substitute  for  the  orig- 
inal Preamble  as  reported  by  the  Committee  and  the  sub- 
stitute offered  by  Mr.  Switzler: 

We,  the  people  of  the  State  of  Missouri,  do  for  the  better  govern- 
ment of  the  State  establish  this  Constitution,  in  order  to  assert  our  rights, 
acknowledge  our  duties  and  proclaim  the  principles  on  which  our  govern- 
ment is  founded,  we  declare. 

which  was  read. 

Mr.  Shields  rose  to  a  point  of  order  and  stated  that  both 
the  propositions  now  pending  were  substitutes  and  two 
substitutes  could  not  be  entertained  at  the  same  time.  The 
Chair  decided  the  point  of  order  not  well  taken  as  the  prop- 
osition offered  by  Mr.  Switzler  was  nothing  more  than  an 
amendment  to  the  Preamble. 

Mr.  Shields  appealed  from  the  decision  of  the  Chair. 
The  decision  of  the  Chair  was  sustained. 

Mr.  Hardin  moved  the  previous  question,  which  was 
ordered. 

188]         The  Chair  stated  that  the  question  before  the  Con- 
vention was  the  adoption  of  the  Preamble. 


CONSTITUTIONAL  CONVENTION,   1875       299 

Mr.  Todd  called  for  the  consideration  of  his  proposed 
substitute. 

The  Chair  decided  that  by  the  operation  of  the  previous 
question  the  substitute  was  not  in  order. 

The  question  being  upon  the  adoption  of  the  Preamble, 
it  was  adopted. 

Mr.  Switzler  offered  the  following  resolution: 

Resolved,  That  the  Preamble  and  Bill  of  Rights  be  referred  to  the 
Committee  on  Revision  with  instructions  carefully  to  revise  the  same, 
correct  whatever  errors  of  grammar  or  punctuation  may  have  occurred, 
adjust  the  sections  in  such  order  as  to  them  may  seem  best  and  report 
the  same  to  this  Convention  at  any  early  day,  printed  and  properly 
engrossed  for  final  adoption. 

which  was  read. 

Mr.  Conway  stated  that  the  lines  commencing  with  the 
words,  "in  order,"  and  ending  with  the  word  "declare"  im- 
mediately preceding  first  section  of  the  Bill  of  Rights  had 
not  been  adopted  by  the  Convention. 

The  Chair  stated  the  clause  had  been  adopted  as  part 
of  the  preamble  and  the  gentleman  was  out  of  order,  as  the 
only  question  before  the  Convention  was  the  resolution  of- 
fered by  Mr.  Switzler. 

Mr.  Shields  rose  to  a  point  of  order  and  stated  that  Mr. 
Conway  was  in  order,  as  he  said  he  would  speak  to  the  pend- 
ing resolution,  and  appealed  from  the  decision  of  the  Chair. 

The  decision  of  the  Chair  was  sustained. 

The  question  recurring  on  the  adoption  of  the  resolution 
it  was  adopted. 

Mr.  Rucker  of  Boone  offered  the  following  resolution: 

Resolved,  That  the  President  of  the  Convention  be  requested  to  add 
the  chairman  of  each  standing  committee  to  the  Committee  on  Revision, 

which  was  read  and  adopted. 

On  motion  of  Mr.  Farris  the  Convention  adjourned  un- 
til Monday  morning,  9  o'clock. 


300  JOURNAL  OF  THE  MISSOURI 


189]  MONDAY,  JUNE  7,  1875 

MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  Rev.  C.  C.  Woods. 

The  Journal  of  Saturday  was  read  and  approved. 

Mr.  Holhday  presented  a  petition  from  a  part  of  the 
citizens  of  Daviess  county  asking  that  a  clause  be  inserted 
in  the  new  Constitution  prohibiting  the  Legislature  from 
convening  oftener  than  once  in  every  four  years,  which  was 
read  and  referred  to  the  Committee  on  Legislative  Depart- 
ment, and  ordered  to  be  entered  on  the  journal  by  title  only. 

Mr.  Switzler  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Executive  and  Ministerial  Of- 
ficers of  County  and  Municipal  Government  be  instructed  to  inquire  into 
the  expediency  of  incorporating  in  the  new  Constitution  the  following: 
The  abolition  of  the  present  county  court  system  and  the  substitution 
of  one  provision  for  the  election  by  the  people  of  each  county,  counties 
of  more  than  forty  thousand  inhabitants  excepted,  of  one  justice  of  the 
county  court  with  probate  jurisdiction,  whose  salary  shall  be  fixed  by  law. 

which  was  read  and  on  motion  referred  to  the  Committee 
on  Executive  and  Ministerial  Officers  of  County  and  Munici- 
pal Government. 

Mr.  Pipkin  offered  the  following  resolution: 

Resolved,  That  the  Treasurer  of  this  State  be  requested  to  inform 
the  Convention: 

First.     What  amount  of  money  is  now  in  the  treasury. 

Second.     For  the  payment  of  what  funds  is  the  said  amount  subject. 

Third.  What  amount  if  any  is  now  in  the  treasury  subject  to  the 
payment  of  per  diem  and  mileage  of  members  of  the  Convention, 

which  was  read  and  adopted. 

Mr.  Johnson  of  Cole  offered  the  following  resolution: 

Resolved,  That  there  be  appointed  a  standing  committee  of  seven 
on  the  subject  of  homestead  and  exemption. 

which  was  read  and  rejected. 

Mr.  Dysart  presented  the  following  petition: 


CONSTITUTIONAL  CONVENTION,   1875       301 

To  the  Constitutional  Convention  of  the  State  of  Missouri: 

The  Adair  county  bar  beg  leave  to  call  your  attention  to  the  impor- 
tance and  necessity  of  imposing  on  the  Legislature  by  constitutional 
provision  the  establishment  of  a  uniform  system  of  common  pleas  courts 
throughout  the  State  with  exclusive  original  jurisdiction  in  all  probate 
matters  and  such  civil  and  criminal  jurisdiction  as  may  be  fixed  by  the 
Legislature. 

190]  which  was  read  and  on  motion  referred  to  the  Com- 
mittee on  Judicial  Department. 

Mr.  Norton  moved  that  the  Convention  resolve  itself 
into  Committee  of  the  Whole  for  the  further  consideration 
of  the  report  of  the  Committee  on  Representation,  Repre- 
sentative and  Senatorial  Districts,  which  was  agreed  to. 

The  President  resumed  the  chair  and  called  the  Con- 
vention to  order. 

Mr.  Shields  from  the  Committee  of  the  Whole  submit- 
ted the  following  report: 

Mr.  President: 

The  Committee  of  the  Whole  to  which  was  referred  the  report  of  the 
Committee  on  Representation,  Representative  and  Senatorial  Districts, 
instruct  me  to  report  that  they  have,  according  to  the  order  of  the  Con- 
vention, had  under  consideration  the  said  report,  and  have  arrived  at  no 
conclusion,  and  ask  to  be  discharged  from  consideration  of  the  subject. 

G.  H.  Shields,  Chairman. 

On  motion  of  Mr.  Gottschalk  the  Convention  took  up 
the  minority  report  of  the  Committee  on  Representation, 
Representative  and  Senatorial  Districts,  as  an  amendment 
to  the  report  of  the  said  Committee. 

On  motion  of  Mr.  Massey  the  Convention  postponed 
the  further  consideration  of  the  report  until  Monday,  June 
14,  1875. 

The  report  of  the  Committee  on  Executive  and  Minis- 
terial Departments  of  State  Government  was  taken  up. 

Mr.  Adams  offered  the  following  amendment  to  Sec- 
tion one  of  the  report  of  the  Committee  on  Executive  and 
Ministerial  Departments  of  State  Government: 

Amend  Section  one  of  report  of  Committee  by  striking  out,  "Superin- 
tendent of  Public  Schools." 

which  was  read. 


302 


JOURNAL  OF  THE  MISSOURI 


The  question  being  upon  the  adoption  of  the  amend- 
ment, Messrs.  Alexander,  Todd,  Switzler,  Cottey  and  Halli- 
burton, demanded  the  ayes  and  noes. 

The  amendment  was  rejected  by  the  following  vote: 


AYES 


Adams 

Edwards 

Maxey 

Ross 

Taylor 

Black 

of  Iron 

McKillop 

of  Morgan 

of  St.  Louis 

Bradfield 

Fyan 

Nickerson 

Ross 

Wagner 

Broadhead 

Halliburton 

Pipkin 

of  Polk 

Wallace 

Carleton 

HoUiday 

Priest 

Shackelford 

Watkins 

Chrisman 

Hyer 

Rippey 

Spaunhorst 

Mr.  President 

Massey 

Roberts 
NOES 

28 

191]  Allen 

Davis 

Johnson 

McAfee 

Rucker 

Alexander 

Dysart 

of  Cole 

McCabe 

Shields 

Boone 

Eitzen 

Johnston 

McKee 

Switzler 

Conway 

Gantt 

of  Nodaway 

MorteU 

Taylor 

Cottey 

Gottschalk 

Lackland 

Norton 

of  Jasper 

Crews 

Hale 

Letcher 

Ray 

Todd             29 

Crockett 

Mabrey 
ABSENT 

Edwards 

Farris 

Hardin 

Lay 

Mudd             5 

of  St.  Louis 

ABSENT  WITH  LEAVE 

Brockmeyer 

Hammond 

Pulitzer 

Rider 

ShankUn         6 

Dryden 

Mr.  Spaunhorst  offered  the  following  amendment  to 
Section  one: 

Amend  Section  one  by  striking  out  in  line  two  the  words,  "Auditor 
of  Public  Accounts,"  and  insert  the  following  in  lieu  thereof,  after  the 
word  State,  "A  State  Auditor,  a  State." 

which  was  read  and  agreed  to. 

The  question  recurring  upon  the  adoption  of  Section 
one  as  amended,  it  was  adopted. 

Section  two  of  report  of  the  Committee  on  Executive 
and  Ministerial  Departments  of  the  State  Government  was 
taken  up. 

Mr.  Maxey  offered  the  following  amendment  to  Sec- 
tion two: 


CONSTITUTIONAL  CONVENTION,   1875       303 


Amend  Section  two  by  adding  after  the  words,  "State  Auditor,"  in 
the  second  line,  "State  Treasurer,"  and  by  striking  out  all  after  the  word 
"thereafter"  in  the  eighth  line  to  the  word  "at"  in  the  ninth  line. 

which  was  read  and  rejected. 

Mr.  Davis  offered  the  following  substitute  for  Section 
two: 

Strike  out  all  after  the  words  "Section  two"  and  substitute  the  fol- 
lowing: "The  term  of  office  of  the  Governor,  Lieutenant-Governor, 
Secretary  of  State,  State  Auditor,  State  Treasurer,  Attorney-General, 
and  Superintendent  of  Public  Schools  shall  be  for  two  years  from  the 
second  Monday  of  January  next  after  their  elections,  and  until  their  suc- 
cessors are  elected  and  qualified.  An  election  for  said  officers,  under 
this  Constitution,  shall  be  held  at  the  general  election  on  the  first  Tuesday 
after  the  first  Monday  in  November,  in  the  year  1876  and  every  two  years 
thereafter,  except  for  Superintendent  of  Public  Schools,  which  election 
shall  be  held  on  Tuesday  next  after  the  first  Monday  in  November  in 
the  year  1878,  at  such  times  and  in  such  manner  as  may  be  prescribed  by 
law." 

which  was  read. 

Mr.  Norton  offered  the  following  amendment  to  Section 
two: 

Amend  by  striking  out  the  word  "his"  in  the  third  line  wherever  it 
occurs  and  inserting  the  word  "their"  and  by  striking  out  the  words, 
194*]  "successor  is,"  and  inserting  "successors  are." 

which  was  read  and  agreed  to. 

The  question  recurring  upon  the  adoption  of  the  sub- 
stitute offered  by  Mr.  Davis  for  Section  two,  Messrs.  Todd, 
Cottey,  Gottschalk,  Switzler,  and  Hale,  demanded  the  ayes 
and  noes. 

The  substitute  was  rejected  by  the  following  vote: 

AYES 


Boone 

Johnson 

Ray 

Shields 

Watkins 

Davis 

of  Cole 

NOES 

Adams 

Broadhead 

Crews 

Eitzen 

Halliburton 

AUen 

Carleton 

Crockett 

Fyan 

Holhday 

Alexander 

Chrisman 

Dysart 

Gantt 

Hyer 

Black 

Conway 

Edwards 

Gottschalk 

Johnston 

Bradfield 

Cottey 

of  Iron 

Hale 

of  Nodaway 

*Pages  192  and  193  of  the  original  Journal  are  blank. 


304 


JOURNAL  OF  THE  MISSOURI 


Lackland 

McKee 

Rippey 

Rucker 

Taylor 

Letcher 

McKillop 

Roberts 

Shackelford 

of  St.  Louis 

Mabrey 

Mortell 

Ross 

Spaunhorst 

Todd 

Massey 

Nickerson 

of  Morgan 

Switzler 

Wagner 

Maxey 

Norton 

Ross 

Taylor 

Wallace 

McAfee 

Pipkin 

of  Polk 

of  Jasper 

Mr.  President 

McCabe 

Priest 

ABSENT 

51 

Edwards 

Farris 

Hardin 

Lay 

Mudd             5 

of  St.  Louis 

ABSENT  WITH 

LEAVE 

Brockmeyer 

Hammond 

Pulitzer 

Rider 

Shanklin         6 

Dryden 

Mr.  Massey  offered  the  following  amendment  to  Sec- 
tion two  as  amended: 

Strike  out,  "Tuesday  after  the  first  Monday  in  November,"  in  the 
fifth  line. 

which  was  read  and  rejected. 

Mr.  McCabe  offered  the  following  amendment  to  Sec- 
tion two  as  amended: 

Strike  out,  "on  the  first  day  above  mentioned,"  in  lines  eight  and 
nine  and  insert  "on  the  day  of  election  first  above  mentioned." 

Amend  by  striking  out  in  the  ninth  line  the  word  "first"  and  adding 
after  the  word  "day"  the  word  "first,"  and  by  adding  after  the  word 
"mentioned"  in  the  same  line  the  words,  "for  general  election." 

which  was  read  and  adopted. 

Mr.  Shields  offered  the  following  substitute  for  Section 
two  as  amended: 

Amend  by  substituting  the  following  as  Section  two:  "The  term 
of  office  of  the  Governor,  Lieutenant-Governor,  Secretary  of  State 
195]  Attorney-General  and  State  Treasurer,  shall  be  two  years  from 
the  second  Monday  of  January  next  after  their  election  and  until  their 
successors  are  elected  and  qualified.  The  term  of  office  of  the  Super- 
intendent of  Public  Schools  and  State  Auditor  shall  be  four  years  from 
the  second  Monday  of  January  next  after  their  election  and  until  their 
successors  are  elected  and  qualified.  An  election  of  said  officers,  except 
for  Superintendent  of  Public  Schools,  under  this  Constitution  shall  be 
held  at  the  general  election  on  the  first  Tuesday  after  the  first  Monday 
in  November  in  the  year  eighteen  hundred  and  seventy-six,  and  every 
two  years  thereafter,  and  the  Superintendent  of  Public  Instruction  shall 
be  elected  on  the  Tuesday  next  after  the  first  Monday  in  November  in 


CONSTITUTIONAL  CONVENTION,   1875       305 

the  year  eighteen  hundred  and  seventy-eight  and  every  four  years  there- 
after at  such  places  and  in  such  manner  as  may  be  prescribed  by  law." 

which  was  read. 

Mr.  Conway  offered  the  following  amendment  to  Sec- 
tion two  as  amended: 

Amend  by  inserting  after  the  word  "Auditor"  in  line  two  the  word 
"Treasurer"  and  insert  after  the  word  "eight"  in  the  eighth  line,  the  words, 
"who  shall  hold  his  office  for  two  years,  and  after  the  expiration  of  his 
term  of  office,  the  Superintendent  of  Public  Schools  shall  be  elected  at 
the  same  time  that  the  other  officers  named  are  elected  and  shall  hold 
his  office  for  four  years  thereafter,"  and  strike  out  all  after  the  word 
"thereafter"  in  the  eighth  line. 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  the  sub- 
stitute for  Section  two,  offered  by  Mr.  Shields,  Messrs. 
Shields,  Davis,  Boone,  Allen,  and  Cottey,  demanded  the 
ayes  and  noes. 

Mr.  Bradfield  moved  that  the  Convention  adjourn  until 
2  o'clock  p.  m. 

The  Convention  refused  to  adjourn.  The  roll  being 
called. 

The  substitute  offered  by  Mr.  Shields  was  rejected  by 
the  following  vote: 


AYES 

' 

Boone 

Davis 

Gottschalk 
NOES 

Johnson 
of  Cole 

Shields            5 

Adams 

Dysart 

Lackland 

Norton 

Spaunhorst 

Allen 

Edwards 

Letcher 

Pipkin 

Switzler 

Alexander 

of  Iron 

Mabrey 

Priest 

Taylor 

Black 

Eitzen 

Massey 

Rippey 

of  Jasper 

Bradfield 

Fyan 

Maxey 

Roberts 

Taylor 

Broadhead 

Gantt 

McAfee 

Ross 

of  St.  Louis 

Carleton 

Hale 

MeCabe 

of  Morgan 

Todd 

Chrisman 

Halliburton 

McKee 

Ross 

Wallace 

Conway 

Hardin 

McKillop 

of  Polk 

Watkins 

Cottey 

Hyer 

Mortell 

Rucker 

Mr.  President 

Crews 

Johnston 

Nickerson 

Shackelford 

50 

Crockett 

of  Nodaway 

306  JOURNAL  OF  THE  MISSOURI 

ABSENT 

196]  Edwards  Farris  Lay  Ray  Wagner  7 

of  St.  Louis  HoUiday  Mudd 

ABSENT  WITH  LEAVE 

Brockmeyer     Hammond        Pulitzer  Rider  Shanklin         6 

Dryden 

Mr.  McCabe  offered  the  following  amendment  to  Sec- 
tion two  as  amended: 

Amend  by  adding  after  the  word  "for"  in  the  eighth  line  the  word 
"State"  so  as  to  read  "State  Treasurer." 
which  was  read  and  adopted. 

Mr.  Hale  offered  the  following  amendment  to  Section 
two  as  amended: 

Amend  Section  two  by  inserting  after  the  word  "qualified"  in  the 
third  line  the  following:  "and  shall  thereafter  each  be  ineligible  for  elec- 
tion to  the  office  they  may  respectively  have  so  held  for  the  term  of  four 
years." 

On  motion  of  Mr.  Alexander  the  Convention  adjourned 
until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  Vice- 
President  Watkins  in  the  chair. 

Mr.  Gantt  offered  the  following  amendment  to  the  re- 
port of  the  Committee  on  Representation,  Representative 
and  Senatorial  Districts: 

The  number  in  the  House  of  Representatives  shall  never  exceed  one 
hundred  and  fourteen,  and  the  number  in  the  Senate  shall  never  exceed 
thirty  eight;  and  the  members  thereof  shall  be  apportioned  as  follows: 

The  General  Assembly  meeting  first  after  the  adoption  of  this  Con- 
stitution shall  divide  the  whole  population  of  the  State,  as  ascertained 
by  the  last  federal  census,  by  the  number  thirty-eight;  and  shall  proceed 
to  divide  the  State  into  thirty-eight  districts  of  compact  and  contiguous 
territory,  each  district  containing  a  population  as  nearly  as  may  be 
equal  to  the  quotient  ascertained  as  above  provided,  except  that  in 
counties  containing  cities  of  a  population  exceeding  two  hundred  thou- 
sand, the  senatorial  districts,  shall  contain  a  population  one-third  larger. 
These  districts  shall  be  numbered  from  one  to  thirty-eight.  At  the 
general  election  first  after  such  division  one  Senator  shall  be  elected  from 


CONSTITUTIONAL  CONVENTION,   1875       307 

197]  each  senatorial  district  by  the  qualified  voters  thereof,  the  Senators 
elected  from  the  districts  having  odd  numbers  shall  hold  office  for  two 
years  and  the  Senators  elected  from  districts  having  even  numbers  shall 
hold  office  for  four  years  from  the  day  of  their  election;  but  the  seat  of 
every  Senator,  whether  for  an  odd  or  even  district,  shall  be  vacated  at  the 
end  of  the  session  of  the  General  Assembly  next  after  the  taking  and 
publication  of  any  decennial  federal  census.  From  each  of  the  senatorial 
districts  thus  ascertained  three  members  of  the  House  of  Representatives 
shall  be  elected  at  every  general  election,  who  shall  hold  office  for  two 
years  thereafter.  At  such  election  any  voter  may  cast  for  any  designated 
candidate  as  many  votes  as  there  are  Representatives  to  be  elected,  or 
may  distribute  his  votes  among  the  candidates  at  his  discretion. 

At  the  session  of  the  General  Assembly  next  after  the  taking  and 
publication  of  each  federal  decennial  census  the  process  of  dividing  the 

State  as  indicated  in  Section of  this  article  shall  be  repeated,  the  whole 

number  of  senatorial  districts  never  exceeding  thirty-eight,  but  the  Gen- 
eral Assembly  may  at  any  time  lessen  the  number  of  such  senatorial 
districts. 

which  was  read  and  on  motion  ordered  printed. 

The   Convention   resumed   the   consideration   of   the 
amendment  offered  by  Mr.  Hale  to  Section  two  pending  at 
adjournment. 

The  amendment  was  adopted. 

Mr.   Halliburton  offered  the  following  substitute  for 
Section  two  as  amended: 

Strike  out  all  after  the  words  "Section  two"  and  substitute  the  fol- 
lowing: "The  term  of  office  of  Governor,  Lieutenant-Governor,  Sec- 
retary of  State,  State  Auditor,  Superintendent  of  Public  Schools  and 
Attorney-General  shall  be  four  years  from  the  second  Monday  of  Janu- 
ary next  after  this  election,  and  until  their  successors  are  elected  and 
qualified:  Provided,  that  they  shall  not  be  eligible  to  be  re-elected  as 
their  own  successors.  An  election  for  said  officers  (except  the  Super- 
intendent of  Public  Schools)  under  this  Constitution,  shall  be  held  at  the 
general  election  on  the  first  Tuesday  after  the  first  Monday  in  Novem- 
ber, in  the  year  eighteen  hundred  seventy-six,  and  every  four  years 
thereafter,  and  for  Superintendent  of  Public  Schools  on  Tuesday  after 
the  first  Monday  in  November  in  the  year  eighteen  hundred  seventy- 
eight,  and  every  four  years  thereafter,  and  for  State  Treasurer,  whose 
term  of  office  shall  be  for  two  years,  on  the  Tuesday  after  the  first  Mon- 
day in  November  eighteen  hundred  and  seventy-six  and  every  two 
years  thereafter:  Provided,  that  the  Treasurer  shall  not  be  eligible 
198]  to  a  re-election  as  his  own  successor." 

which  was  read  and  rejected. 

Mr.  Fyan  offered  the  following  substitute  for  Section 
two  as  amended: 


308  JOURNAL  OF  THE  MISSOURI 

The  term  of  office  for  Governor,  Lieutenant-Governor,  Secretary 
of  State,  State  Auditor,  Attorney-General,  State  Treasurer  and  Super- 
intendent of  Public  Schools  shall  be  two  years  from  the  second  Monday 
of  January  next  after  their  election  and  until  their  successors  are  elected 
and  qualified.  An  election  for  said  officers  under  this  Constitution  shall 
be  held  at  the  general  election  on  the  first  Tuesday  after  the  first  Monday 
in  November  in  the  year  eighteen  hundred  and  seventy-six,  and  every 
two  years  thereafter,  provided,  the  present  Superintendent  of  Public 
Schools  shall  hold  his  office  for  the  term  for  which  he  was  elected. 

which  was  read  and  rejected. 

Mr.  Shields  offered  the  following  substitute  for  Section 
two  as  amended: 

The  term  of  office  of  the  Governor,  Lieutenant-Governor,  Secretary 
of  State,  State  Auditor,  Attorney-General,  and  Superintendent  of  Pub- 
lic Schools  shall  be  four  years,  and  that  of  State  Treasurer  shall  be  two 
years  from  the  second  Tuesday  of  January  next  after  their  election  and 
until  their  successors  are  elected  and  qualified,  and  none  of  said  officers 
shall  be  eligible  to  re-election  in  a  period  of  four  years  next  after  their 
terms  expire.  An  election  for  said  officers  except  Superintendent  of 
Public  Schools  under  this  Constitution  shall  be  held  at  the  general  elec- 
tion on  the  first  Tuesday  after  the  first  Monday  in  November  in  the  year 
1876  and  every  four  years  thereafter,  except  State  Treasurer  who  shall 
be  elected  every  two  years  thereafter.  The  Superintendent  of  Public 
Schools  shall  be  elected  on  Monday  after  the  first  Tuesday  in  November 
in  the  year  1878  and  every  four  years  thereafter,  at  such  places  and  in 
such  manner  as  may  be  prescribed  by  law. 

which  was  read  and  rejected. 

Mr.    Gottschalk   offered   the   following   substitute   for 
Section  two  as  amended: 

All  officers  mentioned  in  the  pending  section  shall  hold  their  offices 
for  the  term  of  four  years,  with  the  exception  of  the  State  Treasurer, 
whose  term  shall  be  two  years,  and  which  terms  shall  commence  on  the 
second  Monday  of  January  next  after  their  election,  and  general  elections 
199]  for  said  officers  shall  take  place  in  such  manner  and  at  such  places 
as  may  be  provided  by  law,  in  the  year  1876  and  every  four  years  there- 
after, with  the  exception  of  the  State  Treasurer,  who  shall  be  elected 
every  two  years,  but  the  next  election  for  Superintendent  of'  Public 
Schools  shall  take  place  in  the  year  1878,  and  every  four  years  thereafter. 
All  said  officers  shall  be  ineligible  for  the  term  of  office  immediately  suc- 
ceeding that  of  their  first  election. 

which  was  read. 

Mr.  Shackelford  offered  the  following  amendment  to 
Section  two: 


CONSTITUTIONAL  CONVENTION,   1875       309 

Amend  Section  two,  as  follows:  After  the  word  "Attorney-General" 
in  the  second  line  insert  "Superintendent  of  Public  Schools,"  and  after 
the  word  "Treasurer"  in  eighth  line  insert,  "whose  term  of  oflfice  shall  be 
two  years  from  the  second  Monday  of  January  next  after  his  election 
and  until  his  successor  is  elected  and  qualified." 

which  was  read  and  adopted. 

Mr.  Shackelford  ofTered  the  following  amendment  to 
Section  two: 

Amend  by  inserting  after  the  word  "officers"  in  fourth  line  the 
words,  "except  the  Superintendent  of  Public  Schools." 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  the  substi- 
tute offered  by  Mr.  Gottschalk,  it  was  rejected. 

Mr.  Gantt  offered  the  following  substitute  for  Section 
two  as  amended: 

The  term  of  office  of  the  Governor,  Lieutenant-Governor,  Secretary 
of  State,  State  Auditor,  Attorney-General,  and  Superintendent  of  Public 
Schools,  shall  be  four  years  from  the  second  Monday  of  January  next 
after  their  election  and  until  their  successors  are  elected  and  qualified. 
The  State  Treasurer  shall  hold  his  office  for  two  years  from  the  second 
Monday  of  January  next  after  his  election  and  until  his  successor  is 
elected  and  qualified.  All  these  officers,  except  the  Superintendent  of 
Public  Schools,  shall  be  elected  at  the  general  election  in  the  year  1876, 
and  on  the  same  occasion  in  the  last  year  of  their  respective  terms  there- 
after. The  Superintendent  of  Public  Schools  shall  be  elected  at  the 
general  election  in  1878,  and  every  four  years  thereafter,  and  none  of  the 
officers  named  in  this  section  shall  be  re-eligible  at  the  end  of  their  re- 
spective terms. 

which  was  read  and  rejected. 

Mr.  Shields  offered  the  following  substitute  for  Section 
two  as  amended: 

The  term  of  office  of  the  Governor,  Lieutenant-Governor,  Secretary 
of  State,  State  Auditor,  Attorney-General,  and  Superintendent  of  Public 
200]  Schools  shall  be  four  years,  and  that  of  the  State  Treasurer  two 
years,  from  the  second  Monday  of  January  next  after  their  election  and 
and  until  their  successors  are  elected  and  qualified,  and  all  of  said 
offiicers  shall  be  ineligible  to  re-election  as  their  own  successors.  At 
the  general  election  held  in  the  year  1876  and  every  four  years 
thereafter  all  of  such  officers  except  Superintendent  of  Public 
Schools  shall  be  elected,  provided,  that  the  State  Treasurer  shall 
be  elected  every  two  years,  and  the  Superintendent  of  Public  Schools 
shall  be  elected  at  the  general  election  in  the  year  1878,  and  every  four 


310 


JOURNAL  OF  THE  MISSOURI 


years  thereafter  at  such  places  and  in  such  manner  as  may  be  provided 
by  law. 

which  was  read  and  adopted. 

Mr.  Todd  ofTered  the  following  amendment  to  the  sub- 
stitute: 

Amend  by  adding  after  the  words,  "their  own  successors,"  the  words, 
"excepting  the  State  Auditor,  Superintendent  of  Public  Schools,  At- 
torn ey-Gen  eral. ' ' 

which  was  read  and  rejected. 

Mr.  Conway  offered  the  following  amendment  to  the 
substitute: 

Amend  the  substitute  by  inserting  after  the  words,  "said  officers," 
in  the  ninth  line  of  substitute,  the  words,  "except  the  Secretary  of  State, 
State  Auditor,  Superintendent  of  Public  Schools  and  Attorney-General." 

which  was  read. 

The  question  being  on  the  adoption  of  the  amendment 
to  the  substitute,  Messrs.  Todd,  Conway,  Allen,  Lackland 
and  Ross  of  Polk,  demanded  the  ayes  and  noes. 

The  amendment  was  rejected  by  the  following  vote: 


Allen  Conway 

Alexander  Davis 

Broadhead  Fyan 

Carleton  Gantt 


Adams 

Black 

Boone 

Bradfield 

Chrisman 

Cottey 

Crews 

Crockett 

Dysart 


Edwards 
of  Iron 

Eitzen 

Gottschalk 

Hale 

Halliburton 

Hyer 

Johnson 
of  Cole 


Edwards  Farris 

of  St.  Louis  Hardin 


AYES 

Holliday 
Lackland 
Massey 
Maxey 

NOES 

Johnston 
of  Nodaway 
Lay 
Letcher 
Mabrey 
McCabe 
McKee 
McKillop 

ABSENT 

Mortell 
Mudd 


McAfee 
Rippey 
Ross 
of  Polk 


Nickerson 

Norton 

Pipkin 

Priest 

Roberts 

Rucker 

Shackelford 

Shields 


Ray 


Brockmeyer 
Dryden 


ABSENT  WITH  LEAVE 
Hammond        Pulitzer  Rider 


Taylor 

of  St.  Louis 
Todd 
Watkins        18 


Spaunhorst 

Switzler 

Taylor 

of  Jasper 
Wagner 
Wallace 
Mr.  President 
37 


Ross 
of  Morgan  7 

Shanklin         6 


CONSTITUTIONAL  CONVENTION,   1875       311 

201]         Mr.  Lay  offered  the  following  substitute  for  Section 

two  as  amended  by  the  substitute: 

The  term  of  office  of  the  Governor,  Lieutenant-Governor,  Secretary 
of  State,  State  Auditor,  Attorney-General,  Superintendent  of  Public 
Schools  and  State  Treasurer  shall  be  four  years  from  the  second  Monday 
of  January  next  after  their  election,  and  until  their  successors  are  elected 
and  qualified.  An  election  for  said  officers,  except  the  Superintendent 
of  Public  Schools,  shall  be  held  at  the  general  election  in  the  year  one 
thousand  eight  hundred  and  seventy-six  and  every  four  years  thereafter. 
The  election  for  Superintendent  of  Public  Schools  shall  be  held  at  the 
general  election  in  the  year  one  thousand  eight  hundred  and  seventy- 
eight  and  every  four  years  thereafter,  and  each  of  said  officers  shall  be 
ineligible  for  re-election  to  said  offices  for  the  term  of  four  years  next, 
after  the  expiration  of  their  term  of  office. 

which  was  read. 

Mr.   Spaunhorst  offered  the  following  amendment  to 

the  substitute  offered  by  Mr.  Lay: 

Amend  by  inserting  after  the  word  "officers,"  "except  the  State 
Auditor." 

which  was  read  and  rejected. 

Mr.  Dysart  offered  the  following  amendment  to  the  sub- 
stitute: 

Amend  by  inserting  after  the  words,  "said  officers  shall  not  be 
eligible,"  the  words,  "except  the  State  Auditor,  Superintendent  of  Public 
Schools  and  Attorney-General." 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  the  substi- 
tute offered  by  Mr.  Lay,  it  was  rejected. 

Section  two  as  amended  by  the  substitute  offered  by 
Mr.  Shields  was  adopted. 

Section  three  was  read. 

Mr.  Conway  offered  the  following  amendment  to  Sec- 
tion three: 

Amend  by  striking  out  all  after  the  word  "law"  in  the  twelfth  line. 

which  was  read  and  agreed  to. 

Mr.  Bradfield  offered  the  following  amendment  to  Sec- 
tion three: 

Amend  Section  three  by  adding  after  the  word  "officers"  in  the  first 
line  the  words,  "except  Superintendent  of  Public  Schools." 

which  was  read  and  rejected. 


312 


JOURNAL  OF  THE  MISSOURI 


Mr.   Gottschalk  offered  the  following  amendment  to 
Section  three: 

Amend  by  striking  out  all  after  the  words,  "for  said  office,"  in  line 
ten. 

which  was  read. 

Mr.  Switzler  moved  the  previous  question,  which  was 
ordered. 

202]         The  question  being  on  agreeing  to  the  amendment 
offered  by  Mr.  Gottschalk,  Messrs.  Fyan,  Gottschalk,  Mc- 
Afee, Ross  of  Polk,  and  Todd  demanded  the  ayes  and  noes. 
The  amendment  was  agreed  to  by  the  following  vote: 


Adams 

Crews 

Halliburton 

McKillop 

Spaunhorst 

AUen 

Dysart 

Hyer 

Nickerson 

Switzler 

Alexander 

Edwards 

Johnson 

Pipkin 

Taylor 

Black 

of  Iron 

of  Cole 

Rippey 

of  St.  Louis 

Boone 

Eitzen 

Lackland 

Ross 

Todd 

Bradfield 

Fyan 

Lay 

of  Polk 

Wagner 

Broadhead 

Gantt 

Mabrey 

Rucker 

Mr.  President 

Carleton 

Gottschalk 

McAfee 

Shields 

38 

Chrisman 

Hale 

McKee 
NOES 

Conway 

Johnston 

McCabe 

Ross 

Taylor 

Cottey 

of  Nodaway 

Norton 

of  Morgan 

of  Jasper 

Crockett 

Letcher 

Priest 

Shackelford 

Wallace 

Holliday 

Maxey 

Roberts 
ABSENT 

Watkins        16 

Davis 

Farris 

Massey 

Mudd 

Ray                8 

Edwards 

Hardin 

Mortell 

of  St.  Louis 

\ 

ABSENT  WITH 

LEAVE 

Brockmeyer 

Hammond 

Pulitzer 

Rider 

Shanklin         6 

Dryden 

The  question  recurring  on  the  adoption  of  Section  three 
as  amended,  it  was  adopted. 

Mr.  Hale  offered  the  following  as  a  new  section  to  the 
report  of  the  Committee: 

Contested  elections  of  Governor  and  Lieutenant-Governor  shall  be 
decided  by  a  joint  vote  of  both  houses  of  the  General  Assembly  in  such 


CONSTITUTIONAL  CONVENTION,   1875       313 

manner  as  may  be  provided  by  law,  and  contested  elections  of  Secretary 
of  State,  State  Auditor,  State  Treasurer,  Attorney-General,  and  Super- 
intendent of  Public  Schools  shall  be  decided  before  such  tribunal  and 
in  such  manner  as  may  be  provided  by  law. 

which  was  read  and  adopted. 

Section  four  was  read  and  adopted. 

Section  five  was  read. 

Mr.  Cottey  offered  the  following  substitute  for  Section 

five: 

No  person  shall  be  eligible  to  the  office  of  Governor  or  Lieutenant- 
Governor  who  shall  not  have  attained  the  age  of  thirty-five  years,  a  male 
citizen  of  the  United  States  ten  years  and  a  resident  of  this  State  seven 
years,  next  before  his  election.  Neither  the  Governor,  Lieutenant- 
Governor,  State  Auditor,  Secretary  of  State,  Superintendent  of  Public 
203]  Schools,  State  Treasurer,  nor  Attorney-General  shall  be  eligible 
to  any  other  office  during  the  period  for  which  he  shall  have  been  elected. 

which  was  read. 

Mr.  Todd  offered  the  following  amendment  to  the  sub- 
stitute : 

Amend  the  substitute  by  inserting  the  words  "and  a"  between  the 
words  "male"  and  "citizen"  in  line  one. 

which  was  read. 

Mr.  Hale  offered  the  following  amendment  to  Section 

five : 

Amend  Section  five  by  inserting  before  the  word  "male"  in  line  one 
the  word  "white." 

which  was  read  and  rejected. 

Mr.  Shields  offered  the  following  amendment  to  Sec- 
tion five: 

Amend  Section  five  by  striking  out  the  word  "five"  after  the  word 
"thirty"  in  the  first  line. 

which  was  read  and  rejected. 

The  question  recurring  on  agreeing  to  the  amendment 
offered  by  Mr.  Todd  to  the  substitute  offered  by  Mr.  Cottey, 
it  was  rejected. 

Mr.   Shields  offered  the  following  amendment  to  the 

substitute: 

Amend  the  substitute  by  striking  out  the  word  "five"  after  the 
word  "thirty." 

which  was  read. 


314 


JOURNAL  OF  THE  MISSOURI 


The  question  being  on  agreeing  to  the  amendment  of- 
fered by  Mr.  Shields  to  the  substitute,  Messrs.  Alexander, 
Cottey,  Edwards  of  Iron,  Shields  and  Todd,  demanded  the 
ayes  and  noes. 

The  amendment  was  rejected  by  the  following  vote: 


AYES 


Alexander 

Conway 

Lackland 

Ross 

Shields 

Black 

Fyan 

Maxey 

of  Morgan 

Spaunhorst 

Boone 

Halliburton 

McKee 

Ross 

Taylor 

Bradfield 

Johnson 

McKillop 

of  Polk 

of  St.  Louis 

Carleton 

of  Cole 

Rucker 

Mr.  President 

Chrisman 

NOES 

22 

Adams 

Edwards 

Hyer 

Norton 

Taylor 

Allen 

of  Iron 

Johnston 

Pipkin 

of  Jasper 

Cottey 

Eitzen 

of  Nodaway 

Priest 

Todd 

Crews 

Gantt 

Lay 

Rippey 

Wagner 

Crockett 

Gottsehalk 

Letcher 

Roberts 

Wallace 

Dysart 

Hale 
Holliday 

MeCabe 

Shackelford 

Watkins        28 

ABSENT  WITH  ] 

LEAVE 

Brockmeyer 

Hammond 

Pulitzer 

Rider 

Shanklin         6 

Dryden 

ABSENT 

Broadhead 

Edwards 

Farris 

Mabrey 

Nickerson 

Davis 

of  St.  Louis 

Hardin 

Massey 
Mortell 
Mudd 

Ray 

Switzer         12 

204]         Mr.  Todd  offered  the  following  amendment  to  the 
substitute  offered  by  Mr.  Cottey: 

Amend  by  adding  the  following  words:  "And  in  whose  oath  of 
office  shall  be  added  these  words  'and  will  not  be  a  candidate  for  any 
other  office  during  the  term  of  my  office.'  " 

which  was  read. 

The  President  laid  before  the  Convention  the  follow- 
ing communication  from  the  State  Treasurer,  in  response 
to  the  resolution  offered  by  Mr.  Pipkin: 


CONSTITUTIONAL  CONVENTION,   1875       315 

OFFICE  OF  STATE  TREASURER 

Jefferson  City,  Mo.,  June  7,  1875. 
Hon.  Waldo  P.  Johnson, 

President  Constitutional  Convention. 
Dear  Sir: 

In  compliance  with  a  resolution  of  your  honorable  body  requesting 
me  to  give  information  in  regard  to  the  following  interrogatories,  viz. : 

1.  What  amount  of  money  is  now  in  the  treasury? 

2.  For  the  payment  of  what  fund  is  said  amount  subject? 

3.  What  amount  if  any  is  now  in  the  treasury  subject  to  the  pay- 
ment of  per  diem  and  mileage  of  members  of  the  Convention? 

I  shall  answer  each  separately  and  in  the  order  presented. 

1.  There  is  one  hundred  and  sixty-five  thousand  nine  hundred 
sixty-five  and  43-100  ($165,965.43)  dollars  in  the  treasury. 

2.  Payable  on  the  following  funds:  State  interest,  State  library, 
executors  and  administrators,  swamp  land  indemnity,  county  revenue, 
soldiers  orphan  home,  road  and  canal,  redemption  land,  penitentiary, 
Warrensburg  (Johnson  Co.)  and  Douglas  county  bond  interest  fund. 

3.  There  is  no  fund  on  hand  for  the  pay  of  members  of  the  Consti- 
tutional Convention.  The  appropriation  for  this  fund  is  made  from  the 
State  revenue  and  I  am  now  carrying  thirty-five  thousand  nine  hundred 
eleven  19-100  ($35,911.19)  dollars  on  said  revenue  fund. 

I  have  the  honor  to  be  very  respectfully, 

Jas.  W.  Mercer,  State  Treasurer. 

205]         On  motion  of  Mr.   Watkins  the   Convention  ad- 
journed until  tomorrow,  9  o'clock  a.  m. 


TUESDAY,   JUNE  8,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  the  Rev.  Mr.  Parker. 

The  journal  of  yesterday  was  read  and  approved. 

The  question  being  upon  the  adoption  of  the  substitute 
ofYered  by  Mr.  Cottey  to  Section  five  of  the  report  of  the 
Committee  on  Executive  and  Ministerial  Departments  of 
the  State  Government,  pending  at  adjournment  on  yester- 
day, by  unanimous  consent  of  the  Convention,  Mr.  Cottey 
withdrew  his  substitute. 

Mr.  Cottey  offered  the  following  substitute: 


316  JOURNAL  OF  THE  MISSOURI 

Strike  out  Section  five  and  substitute  the  following: 

Section — .No  person  shall  be  eligible  to  the  office  of  Governor  or 
Lieutenant-Governor,  who  shall  not  have  attained  the  age  of  thirty- 
five  years,  and  who  shall  not  have  been  a  citizen  of  the  United  States 
ten  years  and  a  resident  of  this  State  seven  years  next  preceding  his 
election.  Neither  the  Governor,  Lieutenant-Governor,  State  Auditor, 
State  Treasurer,  Secretary  of  State,  Superintendent  of  Public  Schools, 
nor  Attorney-General  shall  be  eligbile  to  any  other  office  during  the  period 
for  which  he  shall  have  been  elected. 

which  was  read. 

Mr.  Todd  offered  the  following  amendment  to  the  sub- 
stitute offered  by  Mr.  Cottey: 

Amend  the  substitute  by  adding  the  following:  "In  the  oath  of 
office  taken  by  each  of  said  officers  shall  be  these  words  'I  will  not  accept 
the  appointment  or  election  to  any  other  office  whatsoever  of  profit, 
trust  or  emolument  during  the  term  of  my  office.'  " 

which  was  read  and  rejected. 

Mr.  Conway  offered  the  following  amendment  to  the 
substitute  for  Section  five: 

Amend  the  substitute  by  inserting  instead  of,  "who  shall  not  have 
attained  the  age  of  thirty-five  years"  the  words,  "who  have  not  attained 
the  age  of  thirty  years." 

which  was  read. 

206]  Mr.  Norton  rose  to  a  point  of  order  and  stated  that 
an  amendment  embodying  the  same  subject  matter  and  to 
the  same  point  had  been  rejected  on  yesterday  and  that  the 
amendment  was  not  in  order.  Mr.  Shields  rose  and  ob- 
jected to  the  point  of  order  stating  that  the  amendment 
offered  by  Mr.  Conway  was  different  from  the  one  rejected 
as  referred  to  by  Mr.  Norton.  The  Chair  ruled  that  the 
amendment  offered  by  Mr.  Conway  was  in  order. 

The  question  being  upon  the  adoption  of  the  amend- 
ment, it  was  adopted. 

Mr.  Conway  offered  the  following  amendment  to  the 
substitute  as  amended: 

Amend  by  inserting  the  word  "male"  before  the  word  "citizen." 

which  was  read  and  rejected. 

Mr.   Massey  offered  the  following  amendment  to  the 
substitute  as  amended: 


CONSTITUTIONAL  CONVENTION,   1875       317 

Amend  by  striking  out  the  word  "thirty"  in  the  first  line  and  insert 
in  lieu  thereof  the  word  "forty-five." 

Mr.  Hardin  offered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Massey: 

Amend  the  amendment  by  striking  out  the  word  "forty-five"  and 
insert  "twenty-five." 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  the  amend- 
ment to  the  substitute  as  amended,  it  was  rejected. 

Mr.  McCabe  offered  the  following  amendment  to  the 
substitute: 

Amend  by  striking  out  the  word   "thirty"  and  substituting  the 
word  "forty." 

which  was  read. 

Mr.  Alexander  moved  the  previous  question,  which  was 
ordered. 

Mr.  Crockett  asked  leave  of  absence  for  Mr.  Ray,  which 
was  granted. 

The  question  recurring  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  McCabe,  it  was  rejected. 

The  question  recurring  upon  the  adoption  of  the  sub- 
stitute for  Section  five  offered  by  Mr.  Cottey,  Messrs. 
Alexander,  Boone,  Cottey,  Gottschalk,  and  Norton  de- 
manded the  ayes  and  noes. 

207]         The  roll  being  called  the  substitute  was  rejected 
by  the  following  vote: 

AYES 


Alexander 

Davis 

Johnson 

Mortell 

Shields 

Black 

Edwards 

of  Cole 

Mudd 

Spaunhorst 

Boone 

of  St.  Louis 

Lackland 

Ross 

Taylor 

Conway 

Fyan 

Maxey 

of  Polk 

of  St.  Louis 

Crews 

McAfee 
NOES 

Rucker 

Wagner         20 

Adams 

Dryden 

Gottschalk 

Johnston 

McKee 

AUen 

Dysart 

Hale 

of  Nodaway  McKillop 

Bradfield 

Edwards 

Halliburton 

Lay 

Nickerson 

Chrisman 

of  Iron 

Hardin 

Mabrey 

Norton 

Cottey 

Eitzen 

HoUiday 

Massey 

Pipkin 

Crockett 

Gantt 

Hyer 

McCabe 

Priest 

318 


JOURNAL  OF  THE  MISSOURI 


Pulitzer 

Ross 

Shanklin 

Todd 

Watkins 

Rippey 

of  Morgan 

Switzler 

Wallace 

Mr.  President 

Roberts 

Shackelford 

Taylor 
of  Jasper 

ABSENT 

40 

Broadhead 

Carle  ton 

Farris 

Letcher 

4 

ABSENT  WITH  LEAVE 
Brockmeyer     Hammond        Rider  Ray  4 

The  question  being  upon  the  adoption  of  Section  five 
as  reported  by  the  Committee,  Messrs.  Taylor  of  St.  Louis, 
Hardin,  Pulitzer,  Edwards  of  Iron,  Priest  and  Norton  de- 
manded the  ayes  and  noes. 

Section  five  was  adopted  by  the  following  vote: 

AYES 


Adams 

Edwards 

Hyer 

Pipkin 

Switzler 

Alexander 

of  Iron 

Johnston 

Priest 

Taylor 

Black 

Eitzen 

of  Nodaway 

Pulitzer 

of  Jasper 

Bradfield 

Gantt 

Massey 

Rippey 

Todd 

Chrisman 

Gottsehalk 

McCabe 

Ross 

Wagner 

Crockett 

Hale 

McKee 

of  Morgan 

Wallace 

Dryden 

Halliburton 

Nickerson 

Shackelford 

Watkins        35 

Dysart 

HoUiday 

Norton 
NOES 

Shanklin 

Boone 

Edwards 

Lackland 

Mortell 

Shields 

Broadhead 

of  St.  Louis 

Lay 

Mudd 

Spaunhorst 

Carleton 

Fyan 

Mabrey 

Roberts 

Taylor 

Conway 

Hardin 

Maxey 

Ross 

of  St.  Louis 

Cottey 

Johnson 

McAfee 

of  Polk 

Mr.  President 

Crews 

of  Cole 

McKillop 

Rucker 

26 

Davis 

ABSENT 

Allen 

Farris 

Letcher 

3 

ABSENT  WITH  LEAVE 
Brockmeyer     Hammond        Ray  Rider  4 

Mr.  Pulitzer  asked  to  have  a  motion  to  reconsider  the 
vote  by  which  Section  five  was  adopted  and  entered  upon 
the  journal. 

Mr.  Norton  moved  to  lay  the  motion  to  reconsider  upon 
the  table. 


CONSTITUTIONAL  CONVENTION,   1875       319 

208]  The  question  being  on  the  adoption  of  the  motion 
to  lay  the  motion  to  reconsider  on  the  table,  Messrs.  Hardin, 
Cottey,  Gottschalk,  Shields  and  Mortell  demanded  the 
ayes  and  noes. 

The  motion  to  lay  the  motion  to  reconsider  on  the  table 
was  rejected  by  the  following  vote: 

AYES 


Adams 

Gantt 

Massey 

Rippey 

Taylor 

Alexander 

Hale 

McCabe 

Ross 

of  Jasper 

Broadhead 

Halliburton 

McKee 

of  Morgan 

Todd 

Chrisman 

HoUiday 

Nickerson 

Shackelford 

Wagner 

Crockett 

Hyer 

Norton 

Shanklin 

Wallace 

Dryden 

Johnston 

Pipkin 

Switzler 

Watkins       30 

Eitzen 


of  Nodaway  Priest 


NOES 


Allen 

Davis 

Hardin 

McKillop 

Rucker 

Black 

Dysart 

Johnson 

Mortell 

Shields 

Boone 

Edwards 

of  Cole 

Mudd 

Spaunhorst 

Bradfield 

of  Iron 

Lackland 

Pulitzer 

Taylor 

Carle  ton 

Edwards 

Lay 

Roberts 

of  St.  Louis 

Conway 

of  St.  Louis 

Mabrey 

Ross 

Mr.  President 

Cottey 

Fyan 

Maxey 

of  Polk 

32 

Crews 

Gottschalk 

McAfee 
ABSENT 

Farris 


Letcher 


ABSENT  WITH  LEAVE 
Brockmeyer     Hammond        Ray  Rider  4 

Mr.  Gottschalk  gavfe  notice  that  he  would  offer  an 
amendment  to  Rule  48  on  tomorrow. 

Section  six  was  read  and  adopted. 

Section  seven  was  read  and  adopted. 

Section  eight  was  read. 

Mr.  Maxey  offered  the  following  amendment  to  Section 
eight: 

Amend  Section  eight  by  striking  out  of  the  first  and  second  lines 
thereof  the  words,  "by  and  with  the  advice  and  consent  of  any  two  of  the 
officers  of  the  Executive  Department." 

which  was  read  and  agreed  to. 


320  JOURNAL  OF  THE  MISSOURI 

Section  eight  as  amended  was  adopted. 
Section  nine  was  read  and  adopted. 
Section  ten  was  read  and  laid  over  iiiformally. 
Section  eleven  was  read  and  rejected. 
Section  twelve  was  read. 

Mr.  Shields  offered  the  following  amendment  to  Section 
twelve: 

Insert  the  words,  "State  or  county,"  before  the  word  "office"  in  the 
first  line. 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  Section  twelve, 
it  was  adopted. 

Section  thirteen  was  read. 
209]         Mr.  Norton  ofTered  the  following  amendment  to 
Section  thirteen: 

Amend  by  adding  to  the  section  the  following:  ^'Provided,  the 
Governor  shall  have  no  power  to  remove  any  officer  appointed  by  him 
to  fill  a  vacancy  to  any  elective  office." 

which  was  read. 

Mr.  Gantt  offered  the  following  substitute  for  Section 
thirteen  as  amended: 

The  Governor  shall  have  power  to  suspend  any  officer  originally 
appointed  by  him,  except  judicial  officers,  in  case  of  incompetency,  neglect 
of  duty  or  malfeasance  in  office,  to  fill  the  vacancy  by  a  temporary  ap- 
pointment, and  to  prefer  charges  on  which  the  officer  removed  may  be 
tried  in  such  manner  as  may  be  provided  by  law. 

which  was  read. 

The  question  recurring  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Norton,  it  was  rejected. 

Mr.  Hale  ofTered  the  following  amendment  to  Section 
thirteen: 

Amend  Section  thirteen  by  adding  to  the  Section  the  following: 
"in  such  manner  as  may  be  provided  by  law,  but  this  section  shall  not 
apply  to  officers  made  elected  by  law." 

which  was  read  and  rejected. 

Mr.  Conway  offered  the  following  amendment  to  Section 
thirteen: 


CONSTITUTIONAL  CONVENTION,   1875       321 

Amend  by  adding,  "Provided,  that  the  question  of  incompetency, 
neglect  of  duty,  or  malfeasance  in  office  may  be  determined  in  such  man- 
ner as  may  be  provided  for  by  law,  and  until  such  question  of  ineoms 
petency,  neglect  of  duty  or  malfeasance  in  office  are  determined,  the 
Governor  may  appoint  officers  to  act  temporarily  until  such  question- 
are  determined." 

which  was  read  and  rejected. 

Mr.  Lay  offered  the  following  amendment  to  the  sub- 
stitute: 

Amend  the  substitute  by  adding  the  following:  "Provided,  that 
no  such  power  of  suspension  shall  be  exercised  until  provision  shall  be 
made  by  law  for  preferring  such  charges  and  the  trial  of  the  same." 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  the  substi- 
tute, Messrs.  Dryden,  Halliburton,  McCabe,  Priest  and 
Wagner  demanded  the  ayes  and  noes. 

The  substitute  was  rejected  by  the  following  vote: 

AYES 


210]  Adams 

Edwards 

Lackland 

Ross 

Taylor 

Alexander 

of  St.  Louis 

Maxey 

of  Polk 

of  St.  Louis 

Broadhead 

Gantt 

McCabe 

Rucker 

Todd 

Dryden 

Gottsehalk 

Mortell 

Shackelford 

Wallace 

Dysart 

Hale 

Norton 

Shanklin 

Watkins 

Edwards 

Johnston 

Pipkin 

Spaunhorst 

Mr.  President 

of  Iron 

of  Nodaway 

Priest 

NOES 

28 

Allen 

Crockett 

Holliday 

McAfee 

Ross 

Black 

Davis 

Hyer 

McKUlop 

of  Morgan 

Bradfield 

Eitzen 

Johnson 

Mudd 

Shields 

Carleton 

Fyan 

of  Cole 

Pulitzer 

Switzler 

Chrisman 

Halliburton 

Lay 

Rippey 

Taylor 

Conway 

Hardin 

Mabrey 

Roberts 

of  Jasper 

Cottey 

ABSENT 

Wagner        29 

Boone 

Farris 

Maxey 

McKee 

Niekerson      7 

Crews 

Letcher 

ABSENT  WITH  LEAVE 
Brockmeyer     Hammond        Ray  Rider 


11 


322  JOURNAL  OF  THE  MISSOURI 

Mr.  Shanklin  offered  the  following  amendment  to  Sec- 
tion thirteen: 

Amend  by  striking  out  after  the  word  "olficer"  in  the  first  line  to  and 
inehiding  the  Avord  "appoint"  in  the  same  line  and  insert  in  lieu  thereof 
the  following:  "originally  appointed  by  him." 

which  was  read  and  rejected. 

On  motion  of  Mr.  Carleton  the  Convention  adjourned 
until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  Convention  resumed  the  consideration  of  Section 
thirteen  of  the  report  of  the  Committee  on  Executive  and 
Aiinisterial  Departments  pending  at  adjournment. 

Mr.  Lackland  offered  the  following  amendment  to  Sec- 
tion thirteen: 

Amend  by  inserting  the  following  words  after  the  word  "appoint" 
in  the  first  line  "except  judicial  ofiicers." 

which  was  read  and  rejected. 

Mr.  Spaunhorst  offered  the  following  amendment  to 
Section  thirteen: 

Amend  Section  thirteen  by  striking  out  all  of  the  section  after  the 
word  "to"  in  the  first  line  and  insert  the  following:  "suspend  any  of- 
ficer for  incompetency,  neglect  of  duty,  malfeasance  in  office,  and  other 
grievious  cause,  and  appoint  some  other  person  to  his  place  ad  interim. 
Such  appointee  shall  perform  in  all  respects  the  duties  of  the  office  and 
possess  the  official  power  of  said  office.  The  suspended  party  shall  only 
be  reinstated  for  the  balance  of  the  unexpired  term  if  the  charges  against 
him  are  not  sustained  upon  investigation  conducted  as  directed  by  law." 

which  was  read  and  rejected. 

211]         The  question  recurring  on  the  adoption  of  Section 

thirteen  as  reported  by  the  Committee,  Messrs.  Alexander, 

Pulitzer,  Lay,  Conway  and  Hale  demanded  the  ayes  and 

noes. 

Section  thirteen  was  rejected  by  the  following  vote: 


CONSTITUTIONAL  CONVENTION,   1875       323 


AYES 


Alexander 

Dysart 

Johnson 

Mudd 

Spaunhorst 

Broadhead 

Edwards 

of  Cole 

Pipkin 

Taylor 

Carleton 

of  St.  Lonis 

Johnston 

Priest 

of  Jasper 

Conway 

Farris 

of  Nodaway  Rippey 

Todd 

Cottey 

Gantt 

Lackland 

Roberts 

Wagner 

Davis 

Halliburton 

McCabe 

Shanklin 

Mr.  President 

Dryden 

McKee 
NOES 

Shields 

29 

Adams 

Edwards 

HoUiday 

McKillop 

Ross 

Allen 

of  Iron 

Hyer 

Mortell 

of  Polk 

Black 

Eitzen 

Lay 

Nickerson 

Shackelford 

Boone 

Fyan 

Letcher 

Norton 

Taylor 

Bradfield 

Gottschalk 

Mabrey 

Pulitzer 

of  St.  Louis 

Chrisman 

Hale 

Massey 

Ross 

Wallace 

Crews 

Hardin 

McAfee 

of  Morgan 

Watkins       32 

Crockett 
Maxey 

Ray 

ABSENT 
Rucker 

Switzler 

4 

ABSENT  WITH  LEAVE 
Brockmeyer     Hammond        Rider  3 

Section  fourteen  was  read. 

Mr.  Spaunhorst  offered  the  following  amendment: 

Amend  Section  fourteen  by  inserting  in  line  fifteen  in  the  place  of 
the  word  "ten"  the  word  "twenty." 

which  was  read. 

On  motion  of  Mr.  Shanklin  Section  fourteen  and  pend- 
ing amendment  was  referred  to  the  Committee  on  Legis- 
lative Department  and  the  Committee  on  Executive  and 
Ministerial  Departments  of  the  State  Government,  with  in- 
structions that  said  committees  give  the  subject  therein  em- 
braced their  joint  action  with  the  view  of  separating  the 
section  for  distribution  under  appropriate  heads. 

On  motion  of  Mr.  Mudd,  Section  fifteen  was  referred 
to  the  Committee  on  Legislative  Department  and  Com- 
mittee on  Executive  and  Ministerial  Departments  for  their 
joint  action  with  the  view  of  separating  the  section  under 
appropriate  heads. 

Section  sixteen  was  read  and  adopted. 


324  JOURNAL  OF  THE  MISSOURI 

Section  seventeen  was  read  and  adopted. 

Section  eighteen  was  read  and  adopted. 

Section  nineteen  was  read  and  adopted. 

Section  twenty  was  read. 

Mr.  Cottey  offered  the  following  amendment  to  Section 

twenty: 

Amend  by  adding  the  following:  "neither  the  Governor,  Lieutenant- 
212]  Governor,  State  Auditor,  State  Treasurer,  Secretary  of  State, 
Superintendent  of  Public  Schools  nor  Attorney-General  shall  be  eligible 
to  any  other  office  during  the  period  for  which  he  shall  have  been  elected." 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  Section 
twenty,  it  was  adopted. 

Section  twenty-one  was  read  and  adopted. 

Section  twenty-two  was  read  and  adopted. 

Section  twenty-three  was  read. 

Mr.  Gottschalk  offered  the  following  amendment  to 
Section  twenty-three: 

Amend  Section  twenty-three  by  inserting  after  the  word  "moneys'' 
in  line  two  the  words,  "interest  on  public  moneys." 

which  was  read  and  agreed  to. 

Mr.  Massey  offered  the  following  amendment  to  Sec- 
tion twenty-three: 

Amend  by  striking  out  all  of  Section  twenty-three  which  begins  with 
the  word  "and"  in  the  first  line  and  ends  with  the  word  "oath"  where  it 
first  occurs  in  the  fifth  line  and  also  strike  out  the  words,  "under  oath," 
in  the  sixth  line. 

which  was  read  and  rejected. 

Mr.  Holliday  offered  the  following  amendment  to  Sec- 
tion twenty-three: 

Amend  by  adding  to  the  end  of  the  section  the  following  words: 
^'Provided,  any  State  officer  who  shall  directly  or  indirectly  lend  out  on 
interest  any  public  money  in  his  charge  shall  be  guilty  of  embezzlement." 

which  was  read. 

The  question  being  on  agreeing  to  the  amendment, 
Messrs.  Molliday,  Lackland,  Lay,  Halliburton  and  Crews 
demanded  the  ayes  and  noes. 

The  amendment  was  rejected  by  the  following  vote: 


CONSTITUTIONAL  CONVENTION,   1875       325 


AYES 

Crews 

Hale 

Lay 

Mudd 

Switzler 

Eitzen 

Halliburton 

Maxey 

Roberts 

Wagner        13 

Gantt 

Holliday 

McAfee 
NOES 

Adams 

Crockett 

Hyer 

Nickerson 

Shackelford 

Allen 

Davis 

Johnson 

Norton 

Shanklin 

Alexander 

Dryden 

of  Cole 

Pipkin 

Shields 

Black 

Dysart 

Johnston 

Priest 

Taylor 

Boone 

Edwards 

of  Nodaway 

Pulitzer 

of  Jasper 

Bradfield 

of  Iron 

Lackland 

Rider 

Taylor 

Broadhead 

Edwards 

Mabrey 

Rippey 

of  St.  Louis 

Brockmeyer 

of  St.  Louis 

Massey 

Ross 

Todd 

Carieton 

Farris 

McCabe 

of  Morgan 

Wallace 

Chrisman 

Fyan 

McKee 

Ross 

Watkins 

Conway 

Gottsehalk 

McKillip 

of  Polk 

Mr.  President 

Cottey 

Hardin 

Mortell 
ABSENT 

Rucker 

51 

213]  Lay 

Letcher 

Spaunhorst 

3 

ABSENT  WITH  LEAVE 


Hammond 


Mr.  Todd  offered  the  following  amendment  to  Section 
twenty-three: 

Amend  by  inserting  between  the  word  "institutions"  and  the  word 
"and"  in  line  eight  these  words:  "which  information  when  so  required 
shall  be  furnished  by  such  officers  and  managers,"  and  add  the  words, 
"or  manager,"  after  the  word  "officer"  in  line  nine. 

which  was  read  and  adopted. 

The  question  recurring  on  the  adoption  of  Section 
twenty-three  as  amended,  it  was  adopted, 

Mr.  Crews  moved  to  reconsider  the  vote  by  which  Sec- 
tion twenty-two  was  adopted  and  to  have  his  motion  to  re- 
consider entered  on  the  journal,  which  was  agreed  to. 

Section  twenty-four  was  read  and  adopted. 

Section  twenty-five  was  read  and  adopted. 

Section  twenty-six  was  read. 

Mr.  Adams  offered  the  following  amendment  to  Sec- 
tion twenty-six: 

Amend  by  striking  out  in  lines  two  and  three  the  following  words: 
"with  a  successor  elected  or  appointed." 

which  was  read  and  agreed  to. 


326  JOURNAL  OF  THE  MISSOURI 

The  question  recurring  on  the  adoption  of  Section 
twenty-six  as  amended,  it  was  rejected. 

Section  ten,  passed  over  informally  at  the  morning  ses- 
sion, was  taken  up. 

Mr.  Crews  offered  the  following  amendment  to  Section 
ten: 

Amend  by  inserting  after  the  words  "General  Assembly"  in  line  four 
the  following  words:  "in  such  manner  as  may  be  prescribed  by  law." 

which  was  read  and  adopted. 

Mr.  Hardin  offered  the  following  amendment  to  Sec- 
tion ten: 

Amend  by  striking  out  all  after  the  word  "expedient"  in  the  third 
line, 

which  was  read  and  adopted. 

Mr.  Shanklin  offered  the  following  amendment  to  Sec- 
tion ten: 

Amend  by  striking  out  the  words,  "and  accompany  his  message 
214]  with  a  statement  of,"  in  the  fourth  and  fifth  lines  and  insert  in  lieu 
thereof  the  word  "for." 

which  was  read  and  adopted. 

Section  ten  as  amended  was  then  adopted. 

On  motion  of  Mr.  McCabe,  the  further  consideration  of 
the  report  of  the  Committee  on  Executive  and  Ministerial 
Departments  was  postponed  until  Thursday  morning, 
June  10,  1875. 

On  motion  of  Mr.  Pulitzer  the  Convention  adjourned 
until  tomorrow,  9  o'clock  a.  m. 


WEDNESDAY,  JUNE  9,  1875 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  the  Rev.  Mr.  Welch. 

The  journal  of  yesterday  was  read  and  approved. 

On  motion  of  Mr.  Rucker  leave  of  absence  was  granted 
Mr.  Taylor  of  Jasper  until  tomorrow. 


CONSTITUTIONAL  CONVENTION,   1875       327 


On  motion  of  Mr.  Norton  the  report  of  the  Committee 
on  Elections  and  Electors  was  taken  up. 

Mr.  Spaunhorst  moved  that  the  report  of  the  Commit- 
tee be  first  read  and  then  taken  up  section  by  section  and 
considered,  which  was  adopted  and  the  report  read. 

Section  one  was  then  taken  up. 

Mr.  Shanklin  offered  the  following  amendment  to  Sec- 
tion one: 

Amend  Section  one  by  striking  out  all  after  the  word  "day"  in  the 
fourth  line. 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  Section 
one,  it  was  adopted. 

Section  two  was  then  taken  up. 

Mr.  Hardin  offered  the  following  amendment  to  Section 
two: 

Amend  Section  two  by  adding  to  line  seven  the  following:  "And 
shall  have  paid  a  poll  tax  of  not  less  than  one  nor  more  than  three  dollars, 
within  the  year  next  preceding  the  election  at  which  he  offers  to  vote." 

which  was  read. 

Mr.  Ross  of  Polk  offered  the  following  amendment  to 
the  amendment: 
215]         Amend  the  amendment  by  striking  out  all  after  the  word  "tax." 

which  was  read. 

Mr.  McAfee  moved  the  previous  question.  The  ques- 
tion being.  Shall  the  main  question  be  now  put,  Messrs. 
Ray,  Hardin,  Conway,  Lackland  and  Holliday  demanded 
the  ayes  and  noes. 

The  roll  being  called,  the  previous  question  was  ordered 
by  the  following  vote: 

AYES 


Adams 

Cottey 

Eitzen 

Johnston 

Norton 

Alexander 

Crockett 

Fyan 

of  Nodaway 

Priest 

Black 

Davis 

Gottschalk 

Lay 

Pulitzer 

Boone 

Dysart 

Halliburton 

Mabrey 

Ray 

Broadhead 

Edwards 

Hammond 

Massey 

Rider 

Brockmeyer 

of  Iron 

Hyer 

McAfee 

Rippey 

Carleton 

Edwards 

Johnson 

McKee 

Roberts 

Chrisman 

of  St.  Louis 

^of  Cole 

McKillop 

328 


JOURNAL  OF  THE  MISSOURI 


Ross 

Shackelford 

Taylor 

Wagner 

Watkins 

of  Morgan 

Shanklin 

of  St.  Louis 
NOES 

Wallace 

Mr.  President 
44 

Bradfield 

Hardin 

Mudd 

Rucker 

Switzler 

Conway 

HoUiday 

Pipkin 

Shields 

Todd              16 

Crews 

Lackland 

Ross 

Spaunhorst 

Gantt 

Letcher 

of  Polk 
ABSENT 

Dryden 

Hale 

McCabe 

Mortell 

Nickerson       7 

Farris 

Maxey 

ABSENT  WITH  LEAVE 
Taylor  of  Jasper  1 

The  question  being  upon  the  adoption  of  the  amend- 
ment to  the  amendment,  it  was  rejected. 

The  question  recurring  upon  the  adoption  of  the  amend- 
ment to  Section  two,  Messrs.  McAfee,  Ray,  Hardin,  Cottey, 
and  Switzler  demanded  the  ayes  and  noes. 

The  roll  being  called,  the  amendment  was  rejected  by 
the  following  vote: 

AYES 


Conway 

Hardin 

Pipkin 

Ross 

Switzler 

Gantt 

Hyer 

Pulitzer 
NOES 

of  Polk 

Todd               9 

Adams 

Crockett 

Hammond 

Mortell 

Shackelford 

Allen 

Davis 

Johnson 

Mudd 

Shanklin 

Alexander 

Dysart 

of  Cole 

Nickerson 

Shields 

Black 

Edwards 

Johnston 

Norton 

Spaunhorst 

Boone 

of  Iron 

of  Nodaway 

Priest 

Taylor 

Bradfield 

Edwards 

Lackland 

Ray 

of  St.  Louis 

Broadhead 

of  St.  Louis 

;  Lay 

Rider 

Wagner 

Brockmeyer 

Eitzen 

Mabrey 

Rippey 

Wallace 

Carleton 

Fyan 

Massey 

Roberts 

Watkins 

Chrisman 

Gottschalk 

McAfee 

Ross 

Mr.  President 

Cottey 

Hale 

McKee 

of  Morgan 

52 

Crews 

Halliburton 

McKillop 
ABSENT 

Rucker 

216]  Dryden 

Holliday 

Letcher 

Maxey 

McCabe          6 

Farris 

ABSENT  WITH  ] 

LEAVE 

Taylor  of  Jasper 

1 

CONSTITUTIONAL  CONVENTION,   1875       329 

The  question  recurring  upon  the  adoption  of  Section 
two  as  reported  by  the  Committee,  it  was  adopted. 
Mr.  Switzler  offered  the  following  resolution: 

Resolved,  That  the  question  of  a  poll  tax  on  voters  be  referred  to  the 
Committee  on  Separate  Articles  with  instructions  to  report  to  the  Con- 
vention a  section  for  independent  submission  whereby  a  capitation  tax  of 
one  dollar  per  annum  shall  be  paid  by  each  voter,  before  voting. 

which  was  read. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

By  the  unanimous  consent  of  the  Convention,  Mr. 
Switzler  withdrew  his  resolution  pending  at  adjournment. 

Mr.  Conway  presented  a  communication  from  one  Wm. 
Goodwin,  directed  to  the  President  of  the  Convention,  sug- 
gesting that  a  clause  be  put  in  the  Constitution  repealing 
all  existing  lottery  charters,  prohibiting  the  granting  of  any 
more,  and  prohibiting  all  gift  concerns,  which  was  read  and 
on  motion  of  Mr.  Conway  referred  to  the  Committee  on 
Legislative  Department. 

Section  three  was  taken  up. 

Mr.   Gottschalk  offered  the  following  amendment  to 

Section  three: 

Amend  Section  three  by  adding  the  following:  "Provided,  that  in 
all  cases  of  contested  elections,  the  ballots  cast  may  be  counted,  compared 
with  the  list  of  voters  and  received  and  such  safeguards  and  regulations 
as  may  be  provided  by  law." 

which  was  read  and  agreed  to. 

Mr.  Crockett  offered  the  following  amendment  to  Sec- 
tion three  as  amended: 

Amend  Section  three  as  amended  by  striking  out  all  after  the  word 
"be"  in  the  first  line  and  insert  in  lieu  thereof  the  words  "vive  voce." 

which  was  read. 

Mr.  Shanklin  offered  the  following  substitute  for  Sec- 
tion three  as  amended: 

Strike  out  Section  three  as  amended  and  insert  in  lieu  thereof  the 
217]  following:     "All  elections  by  the  people  shall  be  by  ballot,  but  all 


330 


JOURNAL  OF  THE  MISSOURI 


ballots  shall  be  subject  to  inspection  and  examination,  in  all  cases  of 
contested  elections  and  judicial  proceedings,  under  such  proceedings, 
regulations,  and  safeguards  as  may  be  provided  by  law." 

which  was  read. 

The  question  being  upon  the  adoption  of  the  amendment 
to  Section  three,  offered  by  Mr.  Crockett,  Messrs.  Eitzen, 
Fyan,  Hale,  Mortell,  and  Lackland  demanded  the  ayes  and 
noes. 

The  roll  being  called,  the  amendment  was  rejected  by 
the  following  vote: 

AYES 


Adams 

Halliburton 

Maxey 

Priest 

Wagner 

Bradfield 

Hyer 

McAfee 

Ray 

Watkins 

Broadhead 

Letcher 

McCabe 

Roberts 

Mr.  President 

Crockett 

Mabrey 

McKee 

Spaunhorst 

23 

Gantt 

Massey 

Pipkin 
NOES 

Todd 

AUen 

Davis 

Hale 

McKillop 

Ross 

Alexander 

Dryden 

Hammond 

Mortell 

of  Polk 

Black 

Dysart 

Hardin 

Niekerson 

Rucker 

Boone 

Edwards 

Holliday 

Norton 

Shackelford 

Broekmeyer 

of  Iron 

Johnson 

Pulitzer 

Shanklin 

Carleton 

Edwards 

of  Cole 

Rider 

Shields 

Chrisman 

of  St.  Louis 

Johnston 

Rippey 

Switzler 

Conway 

Eitzen 

of  Nodaway 

Ross 

Taylor 

Cottey 

Fyan 

Lackland 

of  Morgan 

of  St.  Louis 

Crews 

Gottsehalk 

Lay 

ABSENT 

Wallace        42 

Farris 


Mudd 


ABSENT  WITH  LEAVE 
Taylor  of  Jasper  1 

Mr.  McAfee  offered  the  following  amendment  to  the 
substitute  offered  by  Mr.  Shanklin: 

Amend  the  substitute  by  adding:  "Provided,  that  the  General 
Assembly  may  provide  by  law  that  elections  in  any  one  or  all  of  the 
counties  of  the  State  may  be  vive  voce." 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  the  sub- 
stitute offered  by  Mr.  Shanklin,  it  was  rejected. 


CONSTITUTIONAL  CONVENTION,   1875       331 

Mr.    Gottschalk   offered   the   following   substitute   for 
Rule  48  to  wit: 

Rule  48.     No  member  or  other  person  shall  be  permitted  to  smoke 
within  the  hall  while  the  Convention  is  in  session. 

which  was  read. 

On  motion  of  Mr.  Watkins  the  Convention  adjourned 
until  tomorrow  morning  at  9  o'clock. 


218]  THURSDAY,  JUNE  10,  1875 

MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  the  Rev.  C.  C.  Woods. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Gottschalk  offered  the  following  substitute  for 
Rule  48: 

Strike  out  Rule  48  and  substitute  in  lieu  thereof  the  following: 
"Rule  48.     No  member  or  other  person  shall  be  permitted  to  smoke 
while  the  Convention  is  in  session  in  any  part  of  the  hall,  excepting  there- 
from the  lobby." 

which  was  read. 

Mr.  Alexander  moved  the  previous  question,  which  was 
ordered. 

The  substitute  was  rejected. 

Mr.  Adams,  chairman  of  the  Committee  on  Judicial 
Department,  submitted  the  following  report: 

REPORT  OF  THE  COMMITTEE  ON  JUDICIAL  DEPARTMENT 

Mr.  President: 

The  Committee  on  the  Judicial  Department  have  carefully  con- 
sidered all  matters  referred  to  them  touching  that  department  and  in- 
struct me  to  report  as  the  result  of  their  labors,  the  two  articles  hereto 
annexed,  and  recommend  their  adoption  as  part  of  the  Constitution  of 
this  State. 

Respectfully, 
June  10,  1875.  Wash.     Adams,     Chairman. 


332  JOURNAL  OF  THE  MISSOURI 

ARTICLE— JUDICIAL  DEPARTMENT 

Section  1.  The  judicial  power  of  the  State,  as  to  matters  of  law 
and  equity,  except  as  in  this  Constitution  otherwise  provided,  shall 
be  vested  in  a  Supreme  Court,  in  circuit  courts,  in  criminal  courts,  pro- 
bate courts,  and  county  courts,  in  municipal  corporation  courts  and  in 
such  appellate  courts  inferior  to  the  Supreme  Court  as  are  hereinafter 
provided  for. 

Section  2.  The  Supreme  Court,  except  in  cases  otherwise  directed 
by  this  Constitution,  shall  have  appellate  jurisdiction  only,  which  shall 
be  co-extensive  with  the  State,  under  the  restrictions  and  limitations  in 
this  Constitution  provided. 

Section  3.  The  Supreme  Court  shall  have  a  general  superintending 
control  over  all  inferior  tribunals.  It  shall  have  power  to  issue  writs 
219]  of  habeas  corpus,  mandamus,  quo  warranto,  certiorari  and  other 
origirlal  remedial  writs,  and  to  hear  and  determine  the  same  without  a 
jury. 

Section  4.  The  judges  of  the  Supreme  Court  shall  hold  office  for  the 
term  of  ten  years.  The  judge  having  at  any  time  the  shortest  time  to 
serve,  shall  be  the  presiding  judge  of  the  court. 

Section  5.  The  Supreme  Court  shall  consist  of  five  judges,  any 
three  of  whom  shall  constitute  a  quorum,  and  said  judges  shall  be  con- 
servators of  the  peace  throughout  the  State,  and  shall  be  elected  from 
separate  districts. 

Section  6.  For  the  purpose  of  electing  Supreme  Judges  the  State 
shall  be  divided  into  five  districts,  consisting  of  contiguous  territory 
formed  by  county  lines,  and  until  otherwise  provided  by  law,  said  districts 
shall  be  as  follows: 

The  first  district  shall  consist  of  the  counties  of  Howard,  Randolph, 
Macon,  Adair,  Schuyler,  and  all  other  counties  lying  east  of  the  aforesaid 
counties,  and  north  of  the  Missouri  river. 

The  second  district  shall  consist  of  all  counties  lying  west  of  said  first 
district  and  north  of  the  Missouri  river. 

The  third  district  shall  consist  of  St.  Louis  county. 

The  fourth  district  shall  consist  of  the  counties  of  Vernon,  St.  Clair, 
Hickory,  Camden,  Pulaski,  Phelps,  Dent,  Iron,  Madison,  Bollinger, 
Cape  Girardeau  and  all  other  counties  lying  south  thereof. 

The  fifth  district  shall  consist  of  all  other  counties  south  of  the 
Missouri  river  not  embraced  in  the  third  and  fourth  districts. 

Section  7.  The  judges  of  the  Supreme  Court  hereafter  elected  or 
appointed  shall,  at  the  time  of  their  election  or  appointment  be  residents 
of  the  district  in  which  the  election  is  had  or  for  which  the  appointment 
is  made.  They  shall  also  be  citizens  of  the  United  States  of  not  less  than 
thirty-five  years  old,  and  shall  have  been  citizens  of  the  State  for  five  years 
next  preceding  such  election  or  appointment,  and  shall  be  learned  in  the 
law. 

Section  8.  The  full  term  of  the  judges  of  the  Supreme  Court  shall 
commence  on  the  first  day  of  January  next  ensuing  their  election  and 
those  elected  to  fill  any  vacancy  shall  also  enter  upon  the  discharge  of 


CONSTITUTINAL     CONVENTION,   1875        333 

their  duties  on  the  first  day  of  January  next  ensuing  such  election.  Those 
appointed  shall  enter  upon  the  discharge  of  their  duties  as  soon  as  quali- 
fied. 

Section  9.  The  present  judges  of  the  Supreme  Court  shall  remain 
in  office  until  the  expiration  of  their  respective  terms  of  office.  To  fill 
their  places  as  their  terms  expire  one  judge  shall  be  elected  in  the  first 
district  at  the  general  election  in  eighteen  hundred  and  seventy-six, 
220]  and  every  two  years  thereafter  one  judge  shall  be  elected  in  the 
district  next  in  numerical  order  until  the  five  districts  shall  have  elected, 
when  the  first  shall  again  elect  and  go  on  in  rotation. 

Section  10.  The  General  Assembly  may  provide  that  no  writ  of 
error  or  appeal  shall  lie  to  the  Supreme  Court  in  any  civil  case  for  the 
recovery  of  money  only,  or  personal  property,  or  damages  for  injury 
thereto  unless  the  money  or  damages  or  value  of  the  property  claimed, 
exclusive  of  costs,  shall  exceed  one  hundred  dollars. 

Section  11.  The  Supreme  Court  shall  be  held  at  the  seat  of  govern- 
ment at  such  times  as  may  be  prescribed  by  law,  and  until  otherwise 
directed  by  law  the  terms  of  said  court  shall  commence  the  third  Tues- 
days in  October  and  April  of  each  year. 

Section  12.  The  State  shall  furnish  a  suitable  court  room  at  the 
seat  of  government  in  which  the  Supreme  Court  shall  hold  its  session, 
also  a  clerk's  office,  and  furnished  offices  for  the  use  of  the  judges,  and 
also  the  use  of  the  State  law  library. 

Section  13.  If  in  any  cause  pending  in  the  Supreme  Court  or  the 
St.  Louis  Court  of  Appeals  the  judges  sitting  shall  be  equally  divided  in 
opinion,  no  judgment  shall  be  entered  therein,  based  on  such  division; 
but  the  parties  to  the  cause  may  agree  upon  some  person  learned  in  the 
law,  who  shall  act  as  special  judge  in  the  cause,  who  shall  therein  sit  with 
the  court,  and  give  decisions  in  the  same  manner  and  with  the  same  effect 
as  one  of  the  judges.  If  the  parties  cannot  agree  upon  a  special  judge, 
the  court  shall  appoint  one. 

Section  14.  There  is  hereby  established  in  the  county  of  St.  Louis 
an  appellate  court  to  be  known  as  the  "St.  Louis  Court  of  Appeals,"  the 
jurisdiction  of  which  shall  be  co-extensive  with  the  county  of  St.  Louis. 
Said  court  shall  have  power  to  issue  writs  of  habeas\;orpus,  quo  warranto, 
mandamus,  certiorari,  and  other  original  remedial  writs,  to  hear  and  de- 
termine same,  and  shall  have  a  superintending  control  over  all  inferior 
courts  of  record  in  St.  Louis  county.  Appeals  shall  lie  from  the  decisions 
of  said  St.  Louis  Court  of  Appeals  to  the  Supreme  Court,  and  writs  of 
221  ]  error  may  issue  from  the  Supreme  Court  to  said  court  in  the  fol- 
lowing cases  only:  In  all  cases  where  the  amount  claimed,  exclusive 
of  costs,  exceeds  the  sum  of  two  thousand  five  hundred  dollars;  in  cases 
involving  the  construction  of  the  Constitution  of  the  United  States  or  of 
this  State;  in  cases  where  is  drawn  in  question  the  validity  of  a  treaty  or 
statute  of,  or  authority  exercised  under  the  United  States;  in  cases  in- 
volving the  construction  of  the  revenue  laws  of  this  State,  or  the  title  to 
any  office  under  this  State;  in  cases  involving  title  to  real  estate;  in  cases 
where  a  county  or  other  political  subdivision  of  the  State  or  any  State 
officer  is  a  party,  and  in  all  cases  of  felony. 


334  JOURNAL  OF  THE  MISSOURI 

Section  15.  The  St.  Louis  Court  of  Appeals  shall  consist  of  three 
judges  to  be  elected  by  the  qualified  voters  of  St.  Louis  county  who  shall 
hold  their  offices  for  the  period  of  twelve  years  and  until  their  successors 
shall  be  duly  qualified.  They  shall  be  residents  of  St.  Louis  county, 
shall  possess  the  same  qualifications  as  judges  of  the  Supreme  Court,  and 
shall  each  receive  the  same  compensation  as  is  now  or  may  be  provided 
by  law  for  the  judges  of  the  circuit  court  of  St.  Louis  county,  and  be 
paid  from  the  same  sources. 

Section  16.  The  judges  of  said  court  shall  be  conservators  of  the 
peace  throughout  the  county  of  St.  Louis.  Any  two  of  said  judges 
shall  constitute  a  quorum,  and  the  oldest  judge  in  commission  shall  be 
the  presiding  judge  of  said  court. 

Section  17.  The  opinions  of  said  court  shall  be  in  writing  and  shall 
be  published  in  the  same  manner  as  the  opinions  of  the  Supreme  Court 
may  be  by  law  required  to  be  published;  and  all  laws  relating  to  the 
Supreme  Court  and  the  practice  therein  now  in  force  shall  apply  to  this 
court  so  far  as  the  same  may  be  applicable. 

Section  18.  At  the  first  general  election  held  in  St.  Louis  county 
after  the  adoption  of  this  Constitiition,  three  judges  of  said  court  shall 
be  elected  who  shall  determine  by  lot  the  duration  of  their  several  terms 
of  office,  which  shall  be  respectively  for  eight  and  twelve  years,  and  cer- 
tify the  result  to  the  Secretary  of  State,  and  every  four  years  thereafter 
one  judge  of  said  court  shall  be  elected  to  hold  office  for  the  term  of  twelve 
years  and  the  term  of  office  of  said  judge  shall  begin  on  the  first  Monday 
in  January  next  ensuing  their  election. 

Section  19.  Upon  the  adoption  of  this  Constitution  the  Governor 
shall  appoint  three  judges  for  said  court  who  shall  hold  their  offices 
222]  until  the  first  Monday  of  January  eighteen  hundred  and  seventy- 
seven,  until  their  successors  shall  be  duly  qualified. 

Section  20.  The  clerk  of  the  Supreme  Court  at  St.  Louis  shall  be 
the  clerk  of  the  St.  Louis  Court  of  Appeals  until  the  expiration  of  the 
term  for  which  he  was  appointed  clerk  of  the  Supreme  Court  and  until 
his  successor  shall  be  duly  qualified. 

Section  21.  All  cases  which  may  be  pending  in  the  Supreme  Court 
at  St.  Louis  at  the  time  of  the  adoption  of  this  Constitution  which  by 
the  terms  of  this  Constitution  would  come  within  the  final  appellate 
jurisdiction  of  the  St.  Louis  Court  of  Appeals,  shall  by  the  Supreme  Court 
be  certified  and  transferred  to  the  St.  Louis  Court  of  Appeals  to  be 
heard  and  determined  by  said  court. 

Section  22.  All  cases  coming  to  said  court  by  appeal  or  writ  of  error 
shall  be  triable  at  the  expiration  of  fifteen  days  from  the  filing  of  the 
transcript  in  the  office  of  the  clerk  of  said  court. 

Section  23.  Upon  the  adoption  of  this  Constitution,  the  office  of 
clerk  of  the  Supreme  Court  at  St.  Louis  and  St.  Joseph  shall  be  vacated, 
and  said  clerks  shall  transmit  to  the  clerk  of  the  Supreme  Court  at  Jef- 
ferson City  all  books,  records  documents,  transcripts  and  papers  belonging 
to  their  respective  offices  except  those  required  by  Section  two  of  this 
article,  to  be  turned  over  to  the  St.  Louis  Appellate  Court,  and  said 
records,  documents,  transcripts,  and  papers  shall  become  part  of  the 


CONSTITUTIONAL  CONVENTION,   1875       335 

records,  documents,  transcripts,  and  papers  of  said  Supreme  Court  at 
Jefferson  City,  and  said  court  shall  hear  and  determine  all  the  cases  thus 
transferred  as  other  cases. 

Section  24.  Appellate  courts  of  uniform  organization  and  juris- 
diction may  be  created  by  the  General  Assembly  in  districts  to  be  formed 
for  that  purpose  of  the  several  counties  of  the  State,  except  the  county 
of  St.  Louis,  to  which  appeals  and  WTits  of  error  shall  lie  from  circuit  and 
other  inferior  courts;  and  from  which  appeals  and  writs  of  error  shall 
lie  to  the  Supreme  Court  in  criminal  cases,  and  cases  in  which  a 
franchise  or  a  freeholder  or  the  validity  of  a  statute  is  involved, 
and  in  such  other  cases  as  may  be  provided  by  law.  The  same 
223]  judges  shall  hold  all  of  said  courts  which  shall  be  held  at  such 
times  and  places  in  each  district  as  may  be  directed  by  law.  The 
judges  shall  be  not  less  than  three  nor  more  than  five  who  shall  have  the 
qualifications  of  judges  of  the  Supreme  Court,  and  be  elected  in  such  man- 
ner as  may  be  prescribed  by  law.  Their  terms  of  offices  shall  be  the  same 
and  the  compensation  of  each  judge  the  same  after  the  establishment  of 
such  appellate  courts,  and  during  their  continuance  no  appeals  or  writs 
of  error  to  the  Supreme  Court  shall  be  presented  directly  from  any  other 
court  or  courts  outside  of  St.  Louis  county  in  this  State.  Any  law  es- 
tablishing each  appellate  court  shall  be  subject  to  repeal  in  the  dis- 
cretion of  the  General  Assembly. 

Section  25.  The  circuit  court  shall  have  jurisdiction  over  all  crim- 
inal cases  not  otherwise  provided  for  by  law;  exclusive  original  jurisdic- 
tion in  all  civil  cases  not  otherwise  provided  for;  such  concurrent  juris- 
diction with  and  appellate  jurisdiction  from  inferior  tribunals  and  jus- 
tices of  the  peace  as  is  or  may  be  provided  for  by  law.  It  shall  hold  its 
terms  at  such  times  and  places  in  each  county  as  may  be  by  law  directed, 
but  at  least  two  terms  shall  be  held  each  year  in  each  county. 

Section  26.  The  circuit  court  shall  exercise  a  superintending  con- 
trol over  criminal  writs,  probate  courts,  county  courts,  municipal  cor- 
poration courts,  and  justices  of  the  peace  in  each  county  in  their  re- 
spective circuits. 

Section  27.  The  State,  except  as  otherwise  provided  in  this  Consti- 
tution, shall  be  divided  into  convenient  circuits  of  contiguous  counties 
in  each  of  which  circuits  one  circuit  judge  shall  be  elected  and  such  cir- 
cuits may  be  changed,  enlarged,  diminished  or  abolished,  from  time  to 
time  as  public  convenience  may  require,  and  whenever  a  circuit  shall  be 
abolished  the  office  of  judge  of  such  circuit  shall  cease. 

Section  28.  The  judges  of  the  circuit  courts  shall  be  elected  by  the 
qualified  voters  of  each  circuit,  shall  hold  their  office  for  the  term  of  six 
years  and  shall  reside  in  and  be  conservators  of  the  peace  within  their 
respective  circuits. 

Section  29.  No  person  shall  be  eligible  to  the  office  of  judge  of  the 
circuit  court  who  shall  not  have  attained  the  age  of  thirty-five  years,  and 
who  shall  not  have  been  a  citizen  of  the  United  States  five  years,  and  a 
qualified  voter  of  this  State  for  three  years,  and  who  shall  not  be  a 
resident  of  the  circuit  in  which  he  may  be  elected  or  appointed  judge. 


336  JOURNAL  OF  THE  MISSOURI 

224]  Section  30.  The  circuit  court  of  St.  Louis  county  shall  be  com- 
posed of  five  judges  and  such  additional  members  as  the  General  Assembly 
may  provide  and  each  of  said  judges  shall  sit  separately  for  the  trial  of 
causes  and  transaction  of  business  at  special  times.  Appeals  shall  be 
directly  from  any  final  decision  or  order  made  be  said  court  at  special  terms 
to  the  St.  Louis  Court  of  Appeals.  And  writs  of  error  shall  issue  from 
said  court  of  Appeals  to  said  circuit  court  in  special  term.  The  judge  of 
said  circuit  court  may  sit  in  general  term  at  such  times  and  for  such 
purposes  as  may  be  provided  by  them  but  when  sitting  in  general  term 
shall  have  no  power  to  review  any  decision,  order  or  proceeding  of  the 
court  in  special  term. 

Section  31.  In  any  circuit  composed  of  a  single  county  the  General 
Assembly  may  from  time  to  time  provide  for  one  or  more  additional 
judges  as  the  business  shall  require,  each  of  whom  shall  separately  try 
cases  and  perform  all  other  duties  imposed  upon  circuit  judges. 

Section  32.  If  there  be  a  vacancy  in  the  office  of  judge  of  any  cir- 
cuit, or  if  he  be  sick,  absent  or  from  any  cause  unable  to  hold  any  term 
or  part  of  term  of  court  of  any  county  in  his  circuit,  such  term  or  part 
of  term  of  court  may  be  held  by  a  judge  of  any  other  circuit,  and  at  the 
request  of  the  judge  of  any  circuit,  any  term  of  court  in  his  circuit  may 
be  held  by  the  judge  of  any  other  circuit,  and  in  all  such  cases  or  in  any 
case  where  the  judge  cannot  provide,  the  General  Assembly  shall  make 
such  additional  provision  for  holding  court  as  may  be  found  necessary. 

Section  33.  The  election  of  all  judges  of  courts  of  record  shall  be 
held  as  provided  for  by  law  and  in  cases  of  a  tie  or  contested  election  be- 
tween the  candidates  the  same  shall  be  determined  in  the  manner  pro- 
vided by  law. 

Section  34.  In  counties  having  a  population  exceeding  forty  thou- 
sand, the  General  Assembly  may  establish  separate  writs  for  the  trial  of 
criminal  cases  only,  and  in  all  counties  having  a  population  exceeding 
fifteen  thousand  in  which  separate  criminal  courts  shall  not  be  established 
the  circuit  courts  shall  be  required  to  hold  separate  terms  for  criminal 
business. 

Section  35.  In  case  the  office  of  judge  of  any  court  of  record  shall 
become  vacant  by  death,  resignation,  removal,  failure  to  qualify  or  other- 
225  ]  wise  such  vacancy  shall  be  filled  in  the  manner  prescribed  by  law. 

Section  36.  The  judges  of  the  Supreme,  appellate  and  circuit 
courts  shall  at  stated  times  receive  such  compensation  for  their  services 
as  is  or  may  be  prescribed  by  law,  but  it  shall  not  be  diminished  during 
the  period  for  which  they  have  been  elected. 

Section  37.  The  General  Assembly  may  establish  in  any  county 
a  probate  court  which  shall  be  a  court  of  record,  and  consist  of  one  judge, 
who  shall  be  elected.  Said  courts  shall  have  jurisdiction  over  all  matters 
appertaining  to  probate  business,  to  granting  letters  testamentary  and 
of  administration,  the  appointment  of  guardians  and  curators  of  minors 
and  persons  of  unsound  mind,  settling  the  accounts  of  executors,  ad- 
ministrators, curators  and  guardians,  and  the  sale  or  leasing  of  lands, 
by  administrators,  curators  and  guardians. 


CONSTITUTIONAL  CONVENTION,   1875       337 

Section  38.  Probate  courts  shall  be  uniform  in  their  organization, 
jurisdiction,  duties  and  practice,  except  that  a  separate  clerk  may  be 
provided  for  or  the  judge  may  be  required  to  act,  ex  officio,  as  his  own 
clerk. 

Section  39.  In  each  county  there  shall  be  a  county  court  consisting 
of  one  or  more  judges,  not  exceeding  three  as  may  be  provided  by  law. 
County  courts  shall  be  courts  of  record  and  shall  have  jurisdiction  to 
transact  all  county  business.  In  all  counties  where  separate  probate 
courts  shall  not  be  established,  county  courts  shall  also  exercise  the  same 
jurisdiction  as  is  by  the  Constitution  conferred  upon  probate  courts. 

Section  40.  In  each  county  there  shall  be  appointed  or  elected  as 
many  justices  of  the  peace  as  the  public  good  may  require.  Their 
powers  and  duties  and  their  duration  in  office  shall  be  regulated  by  law. 

Section  41.  All  writs  and  process  shall  run  and  all  prosecutions  shall 
be  conducted  in  the  name  of  the  "State  of  Missouri;"  all  writs  shall  be 
attested  by  the  clerk  of  the  court  from  which  they  shall  have  been  issued; 
and  all  indictments  shall  conclude  "against  the  peace  and  dignity  of  the 
State." 

Section  42.  The  clerks  of  all  courts  of  record  shall  be  elective  for 
such  terms  and  in  such  manner  as  may  be  directed  by  law,  provided  that 
the  term  of  office  of  no  existing  clerk  of  any  court  of  record  not  abolished 
226]  by  this  Constitution  shall  be  affected  by  such  law. 

Section  43.  In  case  there  be  a  tie  or  contested  election  between 
candidates  for  clerk  of  any  court  of  record,  the  same  shall  be  determined 
in  such  manner  as  may  be  directed  by  law. 

Section  44.  In  case  of  the  inability  of  any  judge  of  a  court  of  record 
to  discharge  the  duties  of  his  office  with  efficiency  by  reason  of  continued 
sickness  or  of  physical  or  mental  infirmity,  it  shall  be  in  the  power  of 
the  General  Assembly,  two-thirds  of  the  members  of  each  house  concur- 
ring with  the  approval  of  the  Governor,  to  remove  said  judge  from  office, 
but  each  house  shall  state  on  its  respective  journal  the  cause  for  which  it 
shall  wish  his  removal  and  give  him  notice  thereof  and  he  shall  have  the 
right  to  be  heard  in  his  defense  in  such  manner  as  the  General  Assembly 
shall  by  law  direct. 

Section  45.  All  courts  now  existing  in  this  State  not  named  or  pro- 
vided for  in  this  Constitution  shall  continue  until  the  expiration  of  the 
terms  of  office  of  the  several  judges;  and  as  such  terms  expire  the  business 
of  said  courts  shall  vest  in  the  proper  court  having  jurisdiction  thereof 
in  the  counties  where  said  courts  now  exist  and  all  the  records  and  papers 
shall  be  transferred  to  the  proper  courts:  Provided-,  however,  that  the 
General  Assembly  may  abolish  any  of  said  courts  before  the  time  to  which 
they  are  continued  by  this  section. 

ARTICLE  ON  IMPEACHMENTS 

Section  1.  The  Governor,  Lieutenant-Governor,  Secretary  of  State, 
State  Auditor,  State  Treasurer,  Attorney-General,  and  all  judges  of 
courts  of  record,  shall  be  liable  to  impeachment  for  high  crimes  or  mis- 
demeanors and  for  misconduct  or  oppression  in  office. 


338  JOURNAL  OF  THE  MISSOURI 

Section  2.  The  House  of  Representatives  shall  have  the  sole  power 
of  impeachment.  All  impeachments  shall  be  tried  by  the  Senate  and 
when  sitting  for  that  purpose  the  Senate  shall  be  upon  oath  to  do  justice 
according  to  law  and  evidence.  When  the  Governor  of  the  State  is  tried 
the  presiding  judge  of  the  Supreme  Court  shall  preside.  No  person 
shall  be  convicted  without  the  concurrence  of  two-thirds  of  the  Senators 
present.  But  judgment  in  such  cases  shall  not  extend  any  further  than 
removal  from  office,  and  disqualification  to  hold  any  office  of  honor,  profit 
or  trust  under  this  State.  The  party,  whether  convicted  or  acquitted, 
shall,  nevertheless,  be  liable  to  prosecution,  trial,  judgment  and  punish- 
ment according  to  law. 

227]  which  was  read  and  on  motion  laid  over  informally 
and  one  hundred  copies  ordered  printed. 

Mr.  Dysart  from  the  Committee  on  Judicial  Depart- 
ment submitted  the  following  views  of  the  minority  of  said 
Committee  and  recommended  the  adoption  of  the  accom- 
panying amendments  to  the  majority  report  of  the  Com- 
mittee: 

MINORITY   REPORT   OF   THE   COMMITTEE   ON  JUDICIARY 

Mr.  President: 

One  member  of  the  Committee  reports  that  he  cannot  concur  with 
the  majority  in  reference  to  the  following  matters:  The  number  of 
courts  established;  the  number  and  constitution  of  the  Supreme  Court, 
the  district  appellate  courts  and  the  county  courts.  Believing  that 
the  article  as  reported  by  the  majority  will  fail  to  relieve  the  Supreme 
Court  of  its  burdened  docket  and  will  perpetuate  the  grievious  delays  of 
justice  therein,  and  believing  that  the  system  established  by  the  report 
is  wanting  in  uniformity,  certainty  and  simplicity,  and  will  result  in  con- 
flicting decisions  in  the  higher  court,  the  minority  begs  leave  to  submit 
and  recommend  the  following  in  lieu  of  the  majority  report: 

ARTICLE JUDICIAL  DEPARTMENT 

Section  1.  The  judicial  power  of  the  State  shall  be  vested  in  a 
Supreme  Court,  appellate  courts,  circuit  courts,  county  courts,  justices 
of  the  peace,  and  such  police  courts  inferior  to  the  circuit  courts  as  may 
be  established  by  the  Legislature  for  towns  and  cities. 

Section  2.  The  Supreme  Court  shall  consist  of  three  judges,  a  ma- 
jority of  whom  shall  constitute  a  quorum  to  transact  business.  And  the 
said  judges  shall  be  conservators  of  the  peace  throughout  the  State. 

Section  3.  The  Supreme  Court  shall  have  power  to  issue  writs  of 
habeas  corpus,  mandamus,  quo  warranto,  certiorari,  procedeordo,  and  other 
original  remedial  writs,  and  to  have  and  determine  the  same  without 
a  jury.  In  all  other  cases  the  jurisdiction  of  the  Supreme  Court  shall  be 
appellate  only. 


CONSTITUTIONAL  CONVENTION,   1875       339 

Section  4.  The  Supreme  Court  shall  be  held  at  the  seat  of  govern- 
ment at  such  times  as  may  be  prescribed  by  law.  The  judges  thereof 
shall  be  elected  by  the  qualified  electors  of  the  State  at  large,  and  their 
term  of  office  shall  be  twelve  years.  It  may  appoint  a  clerk  and  reporter 
who  shall  receive  such  salary  or  compensation  as  may  be  prescribed  by 
law. 

228]  Section  5.  Writs  of  error  may  issue  from  the  Supreme  Court 
to  the  appellate  courts,  and  appeals  shall  be  allowed  from  the  appellate 
courts  to  the  Supreme  Court  in  all  cases  of  felony,  in  all  cases  involving 
a  right  of  franchise,  title  to  real  estate,  questions  of  revenue  and  taxa- 
tion, and  construction  or  constitutionality  of  a  statute  and  in  all  cases 
of  debt,  damages,  and  possession  of  personal  property,  when  the  amount 
involved  is  five  hundred  dollars  and  over. 

Section  6.  Appellate  Courts.  The  State  shall  be  divided  into  two 
judicial  appellate  districts  to  be  known  as  the  "Northern"  and  "South- 
ern Districts,"  and  in  each  of  which  three  judges,  residents  therein,  shall 
be  elected  by  the  qualified  voters  thereof. 

Section  7.  The  three  judges  so  elected  shall  constitute  the  appellate 
court  in  their  respective  districts,  a  majority  of  whom  shall  constitute 
a  quorum  to  transact  business.  Their  term  of  office  shall  be  six  years, 
and  their  qualifications  and  salary  the  same  as  that  of  the  judges  of  the 
Supreme  Court,  and  they  shall  be  conservators  of  the  peace  throughout 
their  respective  districts. 

Section  8.  The  appellate  court  shall  have  like  original  jurisdiction 
with  the  Supreme  Court;  in  all  other  cases  its  jurisdiction  shall  be  ap- 
pellate only.  Writs  of  error  may  issue  from  the  appellate  courts  to  any 
circuit  court  in  its  district,  and  appeals  shall  be  allowed  from  the  circuit 
court  to  the  appellate  court  in  all  cases,  except  when  in  cases  of  debt  or 
damage  the  amount  claimed  is  less  than  one  hundred  dollars. 

Section  9.  Each  appellate  court  shall  hold  at  least  three  terms  a 
year  in  its  district  at  their  different  places  therein  as  shall  be  provided 
by  law.  There  shall  be  a  clerk  of  each  appellate  court,  who  shall  be 
elected  or  appointed  and  who  shall  receive  such  compensation  as  may  be 
prescribed  by  law. 

Section  10.  Any  case  decided  by  the  appellate  court  and  not  taken 
to  the  Supreme  Court  by  appeal  or  writ  of  error,  may  be  published  in 
the  Missouri  Reports  as  cases  decided  by  the  Supreme  Court  when  two 
of  the  judges  so  order,  and  not  otherwise. 

COUNTY  COURTS 

Section — .Inferior  tribunals  to  be  known  as  county  courts  shall 
229]  be  established  in  each  county.  The  county  court  shall  be  a  court 
of  record  and  shall  be  composed  of  one  judge,  learned  in  the  law,  and  two 
commissioners  who  shall  be  elected  by  the  qualified  voters  of  the  county 
and  whose  term  of  office  shall  be  two  years. 

Section — .County  courts  shall  have  jurisdiction  in  all  matters  of 
probate,  settlement  of  estates  of  deceased  persons,  appointment  of  ad- 
ministrators, guardians  and  curators  and  settlement  of  their  accounts. 


340  JOURNAL  OF  THE  MISSOURI 

in  all  matters  relating  to  apprentices,  and  in  proceedings  for  the  col- 
lection of  taxes,  and  assessments,  and  such  other  jurisdiction  as  may  be 
provided  for  by  general  law.  But  in  all  matters  pertaining  to  probate 
and  administration  business,  the  settlement  of  estates  of  deceased  per- 
sons, the  appointment  of  administrators,  guardians,  curators  and  the 
settlement  of  their  accounts,  and  the  hearing  and  allowing  demands 
against  the  estates  of  deceased  persons,  minors  and  persons  of  unsound 
mind,  the  county  judge  shall  sit  and  act  alone. 

Section — .The  compensation  of  the  county  judge  and  county  com- 
missioners shall  be  a  salary,  fixed  by  law.  There  shall  be  elected  a  clerk 
of  the  county  court  whose  duties,  term  of  office  and  compensation  shall 
be  prescribed  by  law. 

Section — .Appeals  from  the  county  court  to  the  circuit  and  writs 
of  error  from  the  circuit  court  to  the  county  court  shall  be  allowed  in  all 
cases  finally  determined  in  the  county  court  in  such  manner  as  may  be 
prescribed  by  law. 

which  was  read  and  on  motion  laid  over  informally  and  one 
hundred  copies  ordered  printed  with  the  majority  report 
of  the  Committee. 

Mr.  McCabe,  from  the  Joint  Committee  on  Executive 
and  Ministerial  Departments  of  the  State  Government  and 
the  Legislative  Department,  submitted  the  following  report 
for  Sections  fourteen  and  fifteen  of  the  report  of  the  Com- 
mittee on  Executive  and  Ministerial  Department  of  the 
State  Government: 

Mr.  President: 

The  joint  Committee  on  Executive  and  Ministerial  Department  and 
the  Legislative  Department  of  the  State  Government  to  which  was  re- 
ferred Sections  fourteen  and  fifteen  of  the  articles  reported  by  the  Com- 
230]mittee  first  above  named,  has  had  the  same  under  consideration 
and  instructs  me  to  report  the  following  and  recommends  its  adoption 
as  Section  fourteen  of  said  articles.  It  also  recommends  the  adoption 
of  the  latter  part  of  Section  fourteen  as  reported,  beginning  at  the  word 
"if"  in  the  eighteenth  line  of  the  printed  report  as  a  separate  section  to 
be  numbered  fifteen  and  further  recommends  the  adoption  of  Section 
fifteen  of  the  report  of  the  Committee  as  Section  sixteen  of  said  article. 

Section  14.  The  Governor  shall  consider  all  bills  and  joint  resolu- 
tions,which,  having  been  passed  by  both  houses  of  the  General  Assembly, 
shall  be  presented  to  him.  He  shall  within  ten  days  after  the  same 
shall  have  been  presented  to  him,  return  to  the  house  in  which  they  re- 
spectively originated  all  such  bills  and  joint  resolutions,  with  his  approval 
endorsed  thereon,  or  accompanied  with  his  objections:  Provided,  that 
if  the  General  Assembly  shall  finally  adjourn  within  ten  days  after  such 
presenting,  the  Governor  may  within  thirty  days  thereafter  return  such 


CONSTITUTIONAL  CONVENTION,   1875       341 

bills  and  resolutions  to  the  office  of  the  Secretary  of  State  with  his  ap- 
proval or  reasons  for  disapproving. 

which  was  read. 

Mr.  Holliday  moved  to  postpone  the  further  considera- 
tion of  the  report  of  the  Joint  Committee  and  that  one 
hundred  copies  be  ordered  printed,  which  was  agreed  to. 

The  Convention  resumed  the  consideration  of  the  re- 
port of  the  Committee  on  Executive  and  Ministerial  De- 
partments of  State  Government. 

Mr.  Wallace  moved  to  reconsider  the  vote  by  which 
Section  three  was  adopted  on  yesterday,  which  was  not 
agreed  to. 

Section  four  was  taken  up  and  adopted. 

Section  five  was  taken  up. 

Mr.  Gantt  offered  the  following  amendment  to  Section 
five: 

Amend  Section  five  by  striking  out  the  word  "may"  in  the  first  line 
and  inserting  "shall"  in  lieu  thereof. 

which  was  read. 

Mr.  McAfee  offered  the  following  substitute  for  Section 
five  and  pending  amendment: 

Section  5.  The  General  Assembly  shall  provide  by  law  for  the 
registration  of  all  voters  in  cities  having  a  population  exceeding  twenty 
231]  thousand  inhabitants  and  not  exceeding  one  hundred  thousand, 
but  not  otherwise. 

which  was  read. 

Mr.  Gantt,  with  the  unanimous  consent  of  the  Conven- 
tion, withdrew  his  amendment. 

Mr.  Conway  offered  the  following  amendment  to  Sec- 
tion five: 

Amend  Section  five  by  adding  the  following:  "but  the  General 
Assembly  shall  not  provide  for  such  registering  except  in  such  cities  and 
towns." 

which  was  read  and  rejected. 

Mr.  Wallace  offered  the  following  amendment  to  Sec- 
tion five : 

Amend  by  striking  out  all  after  the  word  "voters"  in  the  first  line 


342 


JOURNAL  OF  THE  MISSOURI 


and  add  the  words,  "in  any  or  all  of  the  counties,  towns  and  cities  of 
this  State." 

which  was  read  and  rejected. 

Mr.  McCabe  offered  the  following  amendment  to  the 
substitute  offered  by  Mr.  McAfee. 

Amend  the  substitute  by  striking  out  the  word  "twenty-five" 
wherever  it  occurs  and  insert  ."ten"  in  lieu  thereof. 

which  was  read. 

Mr.  Shields  offered  the  following  amendment  to  Sec- 
tion five: 

Amend  the  section  by  striking  out  all  after  the  words,  "the  General 
Assembly"  and  insert,  "shall  have  no  power  to  pass  laws  for  the  general 
registration  of  voters  in  this  State,  but  shall  provide  by  law  for  regis- 
tering all  voters  in  cities  and  towns  having  a  population  of  more  than 
ten  thousand  inhabitants." 

which  was  read. 

On  motion  of  Mr.  Johnson  of  Cole,  leave  of  absence  was 
granted  to  Mr.  Lay. 

Mr.  Priest  moved  the  previous  question.  Messrs 
McCabe,  Gottschalk,  Pulitzer,  Priest  and  Shields  demanded 
the  ayes  and  noes. 

The  roll  being  called  the  motion  of  previous  question 
w^as  rejected  by  the  following  vote: 

AYES 


Adams 

Hyer 

Maxey 

Ross 

Taylor 

Cottey 

Johnston 

Norton 

of  Morgan 

of  Jasper 

Eitzen 

of  Nodaway 

Priest 

Shackelford 

Mr.  President 

Halliburton 

Lackland 

Pulitzer 

Switzler 

17 

Hammond 

NOES 

232]  Allen 

Crockett 

Gottschalk 

McCabe 

Rucker 

Alexander 

Dryden 

Hale 

Mudd 

Shanklin 

Black 

Dysart 

Hardin 

Nickerson 

Shields 

Boone 

Edwards 

Holliday 

Pipkin 

Spaunhorst 

Bradfield 

of  Iron 

Johnson 

Ray 

Taylor 

Broadhead 

Edwards 

of  Cole 

Rider 

of  St.  Louis 

Broekmeyer 

of  St.  Louis 

Letcher 

Rippey 

Todd 

Carleton 

Farris 

Mabrey 

Roberts 

Wagner 

Chrisman 

Fyan 

Massey 

Ross 

Wallace 

Conway 

Gantt 

McAfee 

of  Polk 

Watkins        46 

Crews 

CONSTITUTIONAL  CONVENTION,   1875       343 

ABSENT 
McKee  McKillop  2 

ABSENT  WITH  LEAVE 
Davis  Lay  2 

The  Convention  refusing  to  order  the  previous  question, 
Section  five  and  pending  amendments  was  laid  over  under 
the  rules  until  tomorrow. 

Section  six  was  then  taken  up. 

Mr.  McAfee  offered  the  following  amendment  to  Sec- 
tion six: 

Amend  Section  six  by  striking  out  all  after  the  word  "election" 
when  it  occurs  in  the  second  line  and  ninth  lines. 

which  was  read  and  agreed  to. 

Mr.  McCabe  m.oved  to  reconsider  the  vote  by  which 
the  amendment  offered  by  Mr.  McAfee  was  adopted.  The 
motion  to  reconsider  was  agreed  to. 

Mr.  McAfee,  with  the  unanimous  consent  of  the  Con- 
vention, withdrew  his  amendment. 

Mr.  Hammond  offered  the  following  amendment  to 
Section  six: 

Amend  by  striking  out  word  "ten"  in  second  line  and  substitute 
"one  hundred"  and  add  the  following  words:  ''Provided,  the  General 
Assembly  shall  have  no  power  to  provide  by  law  for  registering  voters 
in  any  other  portions  of  the  State." 

which  was  read. 

On  motion  of  Mr.  McAfee  the  Convention  adjourned 
until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

On  motion  of  Mr.  Rippey,  leave  of  absence  was  granted 
Mr.  Spaunhorst. 

On  motion  of  Mr.  Pulitzer,  leave  of  absence  was  granted 
Messrs.  Shields  and  Gottschalk. 

On  motion  of  Mr.  Edwards  of  St.  Louis,  leave  of  ab- 
sence was  granted  Mr.  Broadhead. 


344 


JOURNAL  OF  THE  MISSOURI 


The  Convention  resumed  the  consideration  of  the 
amendment  offered  by  Mr.  Hammond  to  Section  six  pend- 
ing at  adjournment.     The  amendment  was  rejected. 

Mr.  Shackelford  offered  the  following  amendment  to 
Section  six: 

233]  Amend  by  striking  out  all  after  the  word  "election"  in  the  seventh 
line  and  insert  the  following:  "and  it  shall  be  a  good  cause  for  the 
rejection  of  the  vote  of  any  person  voting  at  such  election  who  in  cases 
of  contested  elections  shall  have  been  proven  to  have  done  any  of  the 
acts  herein  specified." 

which  was  read  and  rejected. 

Mr.  Wallace  offered  the  following  substitute  for  Sec- 
tion six: 

The  judges  of  election  shall  administer  such  oaths  to  voters  touch- 
ing their  qualifications  to  vote,  as  may  be  provided  by  law,  and  the 
General  Assembly  may  provide  by  law  for  excluding  from  the  privilege 
of  voting  or  holding  office  all  persons  who  may  make  any  bet,  or  wager 
on  any  election  or  as  to  the  result  thereof,  or  who  may  give,  promise, 
pay  or  receive  any  money,  or  valuable  consideration,  for,  or  to  influence, 
control  or  prevent  the  vote  of  any  voters, 

which  was  read. 

Mr.  Mudd  offered  the  following  amendment  to  Section 
six: 

Amend  Section  six  by  striking  out  all  words  commencing  with  the 
word  "and"  in  the  seventh  line  and  ending  with  the  wo^rd  "election" 
where  it  last  occurs  in  ninth  line. 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  the  substi- 
tute offered  by  Mr.  Wallace,  it  was  rejected. 

The  question  being  on  the  adoption  of  Section  six, 
Messrs.  Halliburton,  Conway,  Lackland,  Allen  and  Wallace 
demanded  the  ayes  and  noes. 

The  roll  being  called,  Section  six  was  rejected  by  the  fol- 
lowing vote: 

AYES 


Alexander 

Edwards 

HoUiday 

McKillop 

Rucker 

Chrisman 

of  Iron 

Lackland 

Mortell 

Switzler 

Conway 

Eitzen 

Letcher 

Mudd 

Todd 

Crews 

Gantt 

Massey 

Rider 

Watkins 

22 

Dysart 

Hale 

McCabe 

CONSTITUTIONAL  CONVENTION,   1875       345 


NOES. 

Adams 

Dryden 

Johnston           Pulitzer 

Shackelford 

Allen 

Farris 

of  Nodaway  Ray 

Shanklin 

Black 

Fyan 

Mabrey             Rippey 

Taylor 

Boone 

Halliburton 

McAfee             Roberts 

of  Jasper 

Bradfield 

Hammond 

MeKee              Ross 

Taylor 

Carleton 

Hyer 

Nickerson             of  Morgan 

of  St.  Louis 

Cottey 

Johnson 

Norton              Ross 

Wallace 

Crockett 

of  Cole 

Pipkin                   of  Polk 
ABSENT 

Mr.  President  34 

Edwards 

Hardin 

Maxey               Wagner 

4 

of  St.  Louis 

ABSENT  WITH  LEAVE 

Broadhead 

Davis 

Lay                    Shields 

Spaunhorst    8 

Brockmeyer     Gottschalk       Priest 


234 


Mr.  Adams  offered  the  following  additional  rule: 


No  member  shall  speak  more  than  once  on  any  question  or  propo- 
sition.    Nor  shall  he  speak  longer  than  five  minutes  at  any  one  time. 

which  was  read  and  laid  over  under  the  rules  until  tomor- 
row. 

Mr.  Halliburton  offered  the  following  as  a  new  section 
to  the  report  of  the  Committee: 

Whoever  shall  be  convicted  of  having  directly  or  indirectly  given 
or  offered  any  bribe  to  procure  his  election  or  appointment  to  any  of- 
fice shall  be  disqualified  for  any  office  of  honor,  trust  or  profit  under 
this  State;  and  whoever  shall  give  or  offer  any  bribe  to  procure  the 
election  or  appointment  of  any  other  person  to  any  office,  shall  on  con- 
viction thereof  be  disqualified  for  a  voter  or  any  office  of  honor,  trust  or 
profit  under  this  State  for  ten  years  after  such  conviction. 

which  was  read  and  rejected. 

Mr.  Conway  offered  the  following  as  a  new  section  to 
the  report  of  the  Committee: 

No  person  who  shall  make  or  become  directly  or  indirectly  inter- 
ested in  any  bet  or  wager  depending  upon  the  result  of  any  election 
shall  vote  at  such  election. 

which  was  read  and  rejected. 

Section  seven  was  read  and  adopted. 
Section  eight  was  read  and  adopted. 
Section  nine  was  read  and  adopted. 
Section  ten  was  read. 


346 


JOURNAL  OF  THE  MISSOURI 


Mr.  Wagner  offered  the  following  amendment  to  Sec- 
tion ten: 

Amend  Section  10  by  inserting  after  the  word  "officers"  in  the  sec- 
ond line,  "except  Governor  and  Lieutenant-Governor." 

which  was  read  and  agreed  to. 

Mr.  Shanklin  offered  the  following  amendment  to  Sec- 
tion ten: 

Amend  Section  ten  by  striking  out  all  after  the  word  "elections" 
in  the  first  line,  down  to  and  including  the  word  "and"  in  the  second 
line. 

which  was  read. 

The  question  being  on  agreeing  to  the  amendment, 
Messrs.  McCabe,  Wallace,  Farris,  Shanklin  and  Hale  de- 
manded the  ayes  and  noes. 

The  roll  being  called,  the  amendment  was  agreed  to 
by  the  following  vote: 

AYES 


235]  Allen 

Crockett 

Hyer 

McKee 

Shackelford 

Black 

Dry  den 

Johnson 

Nickerson 

Shanklin 

Boone 

Dysart 

of  Cole 

Pipkin 

Taylor 

Bradfield 

Edwards 

Johnston 

Pulitzer 

of  Jasper 

Broekmeyer 

of  St.  Louis 

1     of  Nodaway 

Roberts 

Taylor 

Carleton 

Fyan 

Letcher 

Ross 

of  St.  Louis 

Conway 

Gantt 

Massey 

of  Morgan 

Wallace 

Cottey 

Hale 

McAfee 

Ross 

Watkins       37 

Crews 

Holliday 

McCabe 
NOES 

of  Polk 

Adams 

Eitzen 

Mabrey 

Norton 

Todd 

Alexander 

Farris 

McKillop 

Ray 

Wagner 

Chrisman 

Halliburton 

Mortell 

Rider 

Mr.  President 

Edwards 

Lackland 

Mudd 

Rippey 

19 

of  Iron 

ABSENT 

Hammond 

Hardin 

Maxey 

Rucker 

Switzler          5 

ABSENT  WITH  LEAVE 

Broadhead 

Gottschalk 

Priest 

Shields 

Spaunhorst     7 

Davis 

Lay 

The  question  recurring  on  the  adoption  of  Section  ten 
as  amended,  it  was  adopted. 


CONSTITUTIONAL  CONVENTION,   1875       347 

Section  eleven  was  read. 

Mr.  Gantt  offered  the  following  substitute  for  Section 
eleven: 

The  General  Assembly  may  enact  laws  excluding  from  the  right  of 
voting  all  persons  convicted  of  misdemeanors  connected  with  the  exer- 
cise of  the  right  of  suffrage  or  of  felony,  or  other  infamous  crime. 

which  was  read. 

The  question  recurring  on  the  adoption  of  the  substi- 
tute offered  by  Mr.  Gantt,  it  was  adopted. 

Mr.  Todd  offered  the  following  amendment  to  the  sub- 
stitute: 

Amend  by  inserting  after  the  word  "voting"  in  line  one  these  words, 
"and  of  holding  an  office  of  profit,  honor,  trust,  or  emolument." 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  Section 
eleven  as  amended  by  the  substitute,  it  was  adopted. 

Mr.  Pipkin  asked  for  leave  of  absence  for  Mr.  Conway, 
which  was  granted. 

Section  twelve  was  read  and  adopted. 

Section  thirteen  was  read  and  adopted. 

Section  fourteen  was  read. 

Mr.  Todd  offered  the  following  amendment  to  Section 
fourteen: 

Amend  by  striking  out  the  word  "eighty"  in  line  one  and  inserting 
in  lieu  thereof  the  words,  "seventy-six.'.' 

which  was  read. 

On  motion  of  Mr.  Lackland  the  Convention  adjourned 
until  tomorrow,  9  o'clock  a.  m. 


236]  FRIDAY,  JUNE  11,  1875 

MORNING  SESSION 

The   Convention   met   pursuant   to   adjournment,   the 
President  in  the  chair. 

Prayer  by  the  Rev.  C.  C.  Woods. 

The  journal  of  yesterday  was  read  and  approved. 


348  JOURNAL  OF  THE  MISSOURI 

Mr.  Halliburton  presented  the  following  petition  from 
the  members  of  the  Putnam  county  bar: 

To  the  Constitutional  Convention  oj  the  State  oj  Missouri: 

The  undersigned  members  of  the  bar  of  Putnam  county  would 
most  respectfully  ask  your  honorable  body  to  incorporate  in  the  Con- 
stitution to  be  adopted  by  you  and  submitted  to  the  people  for  ratifica- 
tion a  provision  for  a  uniform  system  of  courts  of  common  pleas  to  be 
possessed  of  original  jurisdiction  in  all  probate  matters,  and  appeals  from 
justices  of  the  peace  and  such  other  matters  subject  to  appeal  to  the  cir- 
cuit as  will  relieve  the  circuit  court  from  a  large  amount  of  small  suits. 

which  was  read  and  referred  to  the  Committee  on  Judicial 
Department. 

On  motion  of  Mr.  Shackelford,  leave  of  absence  was 
granted  Mr.  Nickerson. 

The  President  presented  the  following  communication: 

Lincoln  Institute,  June  11,  1875. 
President  Constitutional  Convention: 

You  will  please  to  read  the  following  to  the  members  of  the  Con- 
vention. Yours  truly, 

M.  Henry  Smith. 

The  commencement  exercises  of  Lincoln  Institute  will  take  place 
today. 

Exhibition  at  2  p.  m. 

Exercises  of  Graduating  Class  at  8  p.  m. 

Gov.  Hardin  will  present  diplomas. 

The  members  of  the  Convention  are  respectfully  invited  to  attend. 

M.  Henry  Smith,  Principal. 
which  was  read. 

237]  The  consideration  of  the  amendment  offered  by 
Mr.  Todd  to  Section  fourteen  of  the  report  of  the  Committee 
on  Elections  and  Electors,  pending  at  adjournment  on  yes- 
terday, was  resumed. 

On  motion  of  Mr.  Lackland  the  Convention  adjourned 
until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Mr.  Farris  asked  for  leave  of  absence  for  Mr.  Wallace, 
which  was  granted. 


CONSTITUTIONAL  CONVENTION,   1875       349 

The  Convention  resumed  the  consideration  of  the 
amendment  offered  by  Mr.  Todd  to  Section  fourteen  pend- 
ing at  adjournment. 

The  question  being  on  agreeing  to  the  amendment, 
Messrs.  Taylor  of  St.  Louis,  Ross  of  Polk,  Shanklin,  Maxey 
and  Watkins  demanded  the  ayes  and  noes. 

The  amendment  was  rejected  by  the  following  vote: 


AYES 


Adams 

Dryden 

Gantt 

Johnston 

Pipkin 

Allen 

Dysart 

Hale 

of  Nodaway  Rippey 

Black 

Edwards 

Hardin 

Lackland 

Shanklin 

Broekmeyer 

of  St.  Louis 

1  Hyer 

McKillop 

Switzler 

Chris  man 

Eitzen 

NOES 

Norton 

Todd             22 

Alexander 

Edwards 

Letcher 

Ray 

Shackelford 

Boone 

of  Iron 

Mabrey 

Rider 

Taylor 

Bradfield 

Farris 

Massey 

Roberts 

of  St.  Louis 

Carleton 

Fyan 

Maxey 

Ross 

Wagner 

Cottey 

Halliburton 

McAfee 

of  Morgan 

Wallace 

Crews 

Hammond 

McCabe 

Ross 

Watkins 

Crockett 

Johnson 

McKee 

of  Polk 

Mr.  President 

of  Cole 

Mortell 
ABSENT 

Rucker 

33 

Broadhead 

Holliday 

Mudd 

Pulitzer 

4 

ABSENT  WITH 

LEAVE 

Conway 

Gottschalk 

Nickerson 

Shields 

Taylor 

Davis 

Lay 

Priest 

Spaunhorst 

of  Jasper    9 

Mr.  Crews  offered  the  following  amendment  to  Sec- 
tion fourteen: 

Amend  Section  fourteen  by  striking  out  the  word  "person"  in  the 
second  line  and  insert  in  lieu  thereof  the  words,  "native  of  Missouri.'.' 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  Section  four- 
teen, Messrs.  Hale,  Bradfield,  Switzler,  Eitzen  and  McKillop 
demanded  the  ayes  and  noes. 

Section  fourteen  was  rejected  by  the  following  vote: 


350 


JOURNAL  OF  THE  MISSOURI 


AYES 


Adams 

Chrisman 

Gantt 

Lackland 

Shanklin 

AUen 

Dryden 

Hale 

McKee 

Switzler 

Alexander 

Dysart 

Hardin 

McKillop 

Taylor 

Black 

Edwards 

Hyer 

Norton 

of  St.  Louis 

Broekmeyer 

of  St.  Louis 

Johnston 

Pipkin 

Todd              26 

Carleton 

Eitzen 

of  Nodaway 
NOES 

■  Rippey 

238]  Boone 

Farris 

Mabrey 

Rider 

Shackelford 

Bradfield 

Fyan 

Massey 

Roberts 

Wagner 

Cottey 

Halliburton 

Maxey 

Ross 

Wallace 

Crews 

Hammond 

McAfee 

of  Morgan 

Watkins 

Crockett 

Johnson 

McCabe 

Ross 

Mr.  President 

Edwards 

of  Cole 

Mortell 

of  Polk 

28 

of  Iron 

Letcher 

Ray 

ABSENT 

Holliday 

Mudd 

Pulitzer 

Rueker 

4 

ABSENT  WITH 

LEAVE 

Conway 

Gottschalk 

Nickerson 

Shields 

Taylor 

Davis 

Lay 

Priest 

Spaunhorst 

of  Jasper     9 

Mr.  Crockett  gave  notice  that  he  would  move  to  recon- 
sider the  vote  by  which  Section  fourteen  was  rejected  and 
have  such  motion  entered  on  the  journal,  which  was  agreed 
to. 

Section  five,  which  w^as  laid  over  on  yesterday,  was  then 
taken  up  with  pending  amendments.  The  question  being 
on  agreeing  to  the  amendment  offered  by  Mr.  Shields  to 
Section  five,  it  was  rejected. 

Mr.  Black  offered  the  following  amendment  to  Section 
five: 

Amend  Section  five  by  striking  out  after  the  word  "the"  in  the  first 
line  and  insert  in  lieu  thereof  the  following:  "General  Assembly  shall 
pass  no  laws  for  the  registration  of  voters  except  in  cities  with  a  popula- 
tion of  twenty  thousand  and  over,  and  may  limit  the  operation  of  such 
laws  to  such  of  the  cities  of  that  population  or  over  as  shall  be  deemed 
best." 

which  was  read  and  agreed  to. 

The  question  then  being  on  agreeing  to  the  amendment 
offered  by  Mr.  McCabe  to  the  substitute  offered  by  Mr. 
McAfee,  it  was  rejected. 


CONSTITUTIONAL  CONVENTION,   1875       351 

The  question  recurring  on  the  adoption  of  the  substi- 
tute as  amended,  it  was  adopted. 

Section  five  as  amended  by  the  substitute  was  adopted. 

On  motion  of  Mr.  Halliburton,  the  report  of  the  Com- 
mittee on  Elections  and  Electors  as  amended  was  referred 
to  the  Committee  on  Revision  with  instructions  to  carefully 
revise  and  correct  the  same,  and  report  it  back  to  the  Con- 
vention at  an  early  day  printed  and  properly  engrossed  for 
final  adoption. 

On  motion  of  Mr.  Hardin,  the  Convention  adjourned 
until  tomorrow,  9  o'clock  a.  m. 


239]  SATURDAY,  JUNE  12, 1875 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  the  Rev.  C.  C.  Woods. 

The  journal  of  yesterday  was  read  and  approved. 

On  motion  of  Mr.  Adams,  leave  of  absence  was  granted 
Mr.  Ross  of  Morgan. 

On  motion  of  Mr.  Todd,  leave  of  absence  was  granted 
Messrs.  Gantt  and  Pulitzer. 

On  motion  of  Mr.  Dryden,  leave  of  absence  was  granted 
Mr.  McCabe. 

On  motion  the  report  of  the  Committee  on  Militia 
was  taken  up. 

Section  one  was  read. 

Mr.  Todd  offered  the  following  amendment  to  Section 

one: 

Amend  by  inserting  between  the  words  "arms"  and  "can"  in  line 
four  the  words:  "or  is  willing  to  pay  a  commutation  such  as  shall  be  pro- 
vided by  law." 

which  was  read  and  rejected. 

Mr.  Bradfield  offered  the  following  amendment  to  Sec- 
tion one: 

Amend  Section  one  by  striking  out  all  after  the  word  ."so"  in  the 
third  line. 

which  was  read  and  rejected. 


352  JOURNAL  OF  THE  MISSOURI 

The  question  recurring  on  the  adoption  of  Section  one, 
it  was  adopted. 

Section  two  was  read  and  adopted. 

Section  three  was  read  and  adopted. 

Section  four  was  read  and  adopted. 

Section  five  was  read  and  adopted. 

Section  six  was  read  and  adopted. 

Section  seven  was  read  and  adopted. 

On  motion  of  Mr.  Halliburton  the  report  of  the  Com- 
mittee on  Militia  was  referred  to  the  Committee  on  Revision 
with  instructions  to  carefully  revise  and  correct  the  same 
and  report  it  back  to  the  Convention  at  an  early  day, 
printed  and  properly  engrossed  for  final  adoption. 

Mr.  Switzler  moved  that  the  report  of  the  Committee 
on  Representation,  Representative  and  Senatorial  Districts 
be  made  the  special  order  for  Monday,  June  14,  1875,  at 
9  o'clock  a.  m.,  which  was  agreed  to. 

The  report  of  the  Joint  Committee  on  Executive  and 
Ministerial  Departments  of  State  Government  and  Legis- 
lative Department,  to  which  was  referred  Sections  fourteen 
and  fifteen  of  the  report  of  the  Committee  on  Executive 
and  Ministerial  Departments,  was  taken  up. 
240]  Section  fourteen,  recommended  by  the  Joint  Com- 
mittee, was  as  follows: 

Section  14.  The  Governor  shall  consider  all  bills  and  joint  resolu- 
tions, which,  having  been  passed  by  both  houses  of  the  General  Assembly, 
shall  be  presented  to  him.  He  shall,  within  ten  days  after  the  same  has 
been  presented  to  him,  return  to  the  house  in  which  they  respectively 
originated,  all  such  bills  and  joint  resolutions  with  his  approval  endorsed 
thereon  or  accompanied  with  his  objections:  Provided,  that  if  the 
General  Assembly  shall  finally  adjourn  within  ten  days  after  such  pre- 
senting, the  Governor  may,  within  thirty  days  thereafter,  return  such 
bills  and  resolutions  to  the  office  of  the  Secretary  of  State  with  his  ap- 
proval or  reasons  for  disapproval. 

which  was  read. 

Mr.  McCabe  offered  the  following  amendment  to  Sec- 
tion fourteen: 

Amend  by  striking  out  the  word  !,'with"  in  the  fifth  line  and  insert 
in  lieu  thereof  the  word  "by." 

which  was  read  and  agreed  to. 


CONSTITUTIONAL  CONVENTION,   1875       353 

Mr.  Wagner  offered  the  following  amendment  to  Sec- 
tion fourteen: 

Amend  seventh  line  by  striking  out  the  word  "thirty"  and  inserting 
^'twenty"  before  the  word  !'days.'! 

which  was  read  and  rejected. 

Mr.  Taylor  offered  the  following  amendment  to  Sec- 
tion fourteen: 

Amend  by  striking  out  the  word  "thereafter"  in  the  seventh  line  and 
insert  in  lieu  thereof  the  words,  ."after  such  adjournment.'.' 

which  was  read  and  rejected. 

Section  fourteen  as  amended  was  than  adopted. 

Section  fifteen,  recommended  by  the  Joint  Committee, 

was  as  follows: 

Section  15.  If  any  bill  presented  to  the  Governor  contain  several 
items  of  appropriation  of  money,  he  may  object  to  one  or  more  items 
while  approving  of  the  other  portions  of  the  bill.  In  such  case  he  shall 
append  to  the  bill,  at  the  time  of  signing  it,  a  statement  of  the  items 
to  which  he  objects,  and  the  appropriations  so  objected  to  shall  not  take 
efifect.  If  the  Legislature  be  in  session  he  shall  transmit  to  the  house 
in  which  the  bill  originated  a  copy  of  such  statement;  and  the  items  ob- 
jected to  shall  be  separately  reconsidered.  If,  on  reconsideration,  one 
or  more  of  such  items  be  approved  by  two-thirds  of  the  members  elected 
to  each  house,  the  same  shall  be  part  of  the  law,  notwithstanding  the 
241]  objections  of  the  Governor.  All  the  provisions  of  this  section  in 
relation  to  bills  not  approved  by  the  Governor,  shall  apply  in  cases 
in  which  he  may  withhold  his  approval  from  any  item  or  items  con- 
tained in  a  bill  appropriating  money. 

which  was  read. 

Mr.  McCabe  offered  the  following  amendment  to  Sec- 
tion fifteen: 

Amend  Section  fifteen  by  adding  after  the  word  "considered"  in 
line  seven  these  words:  "If  it  be  not  in  session,  then  he  shall  transmit 
the  same  within  thirty  days  to  the  office  of  the  Secretary  of  State  with 
his  approval,  or  reasons  for  disapproving,"  and  strike  out  all  the  words 
after  the  word  "considered"  in  line  seven. 

which  was  read  and  agreed  to. 

Mr.  McCabe  offered  the  following  amendment  to  Sec- 
tion fifteen: 

Amend  Section  fifteen  by  striking  out  the  word  "Legislature"  in 
the  fifth  line  and  insert  in  lieu  thereof  the  words  .'.'General  Assembly." 

which  was  read  and  agreed  to. 

12 


354  JOURNAL  OF  THE  MISSOURI  ' 

Section  fifteen  as  amended  was  adopted. 
Section  sixteen,  recommended  by  the  Joint  Committee, 
was  as  follows: 

Section  16.  Every  resolution  to  which  the  concurrence  of  the 
Senate  and  House  of  Representatives  may  be  necessary,  except  on 
questions  of  adjournment,  of  going  into  joint  session,  and  of  amending 
this  Constitution,  shall  be  presented  to  the  Governor,  and  before  the  same 
shall  take  effect,  shall  be  proceeded  upon  in  the  same  manner  as  in  the 
case  of  a  bill:  Provided,  however,  that  no  resolution  shall  have  the  effect 
to  repeal,  extend,  alter  or  amend  any  law. 

which  was  read  and  adopted. 

On  motion  of  Mr.  McCabe  the  report  of  the  Committee 
on  Executive  and  Ministerial  Departments  of  the  State 
Government  as  amended  was  referred  to  the  Committee 
on  Revision,  with  instructions  to  carefully  revise  and  cor- 
rect the  same  and  report  it  back  to  the  Convention  at  an 
early  date  printed  and  properly  engrossed  for  final  adoption. 

On  motion  of  Mr.  Fyan  the  Convention  adjourned 
until  Monday,  9  o'clock  a.  m. 


MONDAY,  JUNE  14,  1875 
MORNING  SESSION 

The   Convention    met   pursuant   to   adjournment,   the 
President  in  the  chair. 

Prayer  by  Rev.  C.  C.  Woods. 
242]     The  journal  of  Saturday  was  read  and  approved. 

On   motion   of   Mr.    Lackland,   leave   of   absence   was 
granted  Mr.  Moore,  doorkeeper,  on  account  of  sickness. 

Mr.  Brockmeyer  offered  the  following  resolution: 

Resolved,  That  the  debate  upon  the  pending  subject  close  today  at 
4  p.  hi.,  and  the  further  consideration  thereof  be  postponed  until  tomor- 
row morning  at  ten  o'clock  a.  m.  when  the  Convention  will  come  to  a 
vote  without  further  debate. 

which  was  read. 

Mr.  Mortell  moved  to  lay  the  resolution  on  the  table, 
which  was  agreed  to. 


CONSTITUTIONAL  CONVENTION,   1875       355 

The  special  order  being  the  consideration  of  the  report 
of  the  Committee  on  Representation,  Representative  and 
Senatorial  Districts  with  the  amendment  recommended  by 
the  minority  of  the  Committee,  Mr.  Broadhead  offered  the 
following  amendment  to  Section  one  of  the  report  of  the 
Committee: 

Amend  by  striking  out  all  of  Section  one  down  to  the  words,  "ad- 
ditional ratios"  and  insert  the  following:  "The  House  of  Representa- 
tives shall  consist  of  members  to  be  chosen  every  second  year  by  the 
qualified  voters  of  the  several  counties,  and  apportioned  in  the  following 
manner: 

"The  ratio  of  representation  shall  be  ascertained  at  each  appor- 
tioning session  of  the  General  Assembly  by  dividing  the  whole  number 
of  inhabitants  of  the  State,  as  ascertained  by  the  last  United  States 
census,  by  the  number  two  hundred.  Each  county  having  one  ratio 
or  less  shall  be  entitled  to  one  Representative;  each  county  having 
twice  the  ratio  shall  be  entitled  to  two  Representatives;  each  county 
having  three  and  a  half  times  the  ratio  shall  be  entitled  to  three  Repre- 
sentatives; each  county  having  six  times  the  ratio  shall  be  entitled  to  four 
Representatives;  and  so  on  above  that  number,  giving  one  additional 
Representative  for  each  one  and  a  half." 

which  was  read. 

Mr.  Watkins  moved  a  call  of  the  Convention. 

The  roll  being  called  the  following  members  answered 
to  their  names: 


Adams 

Dysart 

Johnson 

McKillop 

Rucker 

Allen 

Edwards 

of  Cole 

Mortell 

Shackelford 

Alexander 

of  Iron 

Johnston 

Mudd 

Shanklin 

Black 

Eitzen 

of  Nodaway  Norton 

Switzler 

Boone 

Farris 

Lackland 

Pipkin 

Taylor 

Bradfield 

Fyan 

Lay 

Ray 

of  St.  Louis 

Broadhead 

Halliburton 

Mabrey 

Rider 

Todd 

Brockmeyer 

Hammond 

Massey 

Rippey 

Wagner 

Chrisman 

Hardin 

Maxey 

Roberts 

Watkins 

Cottey 

HoUiday 

McAfee 

Ross 

Mr.  President 

Davis 

Hyer 

MoKee 

of  Polk 

50 

Dryden 

ABSENT  WITH 

LEAVE 

243]  Conway 

Gottschalk 

Niekerson 

Ross 

Spaunhorst 

Edwards 

Hale 

Priest 

of  Morgan 

Taylor 

of  St.  Louis 

McCabe 

Pulitzer 

Shields 

of  Jasper 

Gantt 

Wallace        14 

356  JOURNAL  OF  THE  MISSOURI 

On    motion   of   Mr.    Brockmeyer   further    proceedings 
under  the  call  of  the  Convention  were  dispensed  with. 
Mr.  Broadhead  offered  the  following  resolution: 

Resolved,  That  all  debate  on  the  pending  report  be  closed  at  4 
o'clock  tomorrow  (Tuesday),  and  that  the  Convention  then  proceed 
to  vote  on  the  propositions  pending  and  such  amendments  as  may 
be  offered,  without  further  debate. 

which  was  read. 

Mr.  Alexander  in  the  chair. 

On  motion  of  Mr.  McAfee  the  Convention  adjourned 
until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  Convention  resumed  the  consideration  of  the 
amendment  offered  by  Mr.  Broadhead  to  Section  one  of  the 
report  of  the  Committee  on  Representation,  Representative 
and  Senatorial  Districts,  pending  at  adjournment. 

Mr.  Broadhead,  by  unanimous  consent  of  the  Conven- 
tion, withdrew  his  resolution  offered  in  the  morning  session. 

Mr.  Black,  by  consent  of  the  Convention,  offered  the 
following  resolution: 

Resolved,  That  the  Committee  on  Representation,  Representative 
and  Senatorial  Districts  be  and  is  requested  to  district  the  State  for  elec- 
tion of  State  Senators  and  report  their  labors  in  the  shape  of  a  provision 
to  be  considered  in  connection  with  the  reports  of  that  Committee  now 
before  the  Convention;  and  also  to  report  provisions  whereby  the  future 
districting  of  the  State  shall  not  depend  wholly  on  the  General  Assembly. 

which  was  read  and  adopted. 

Vice-President  Watkins  in  the  chair. 

On  motion  of  Mr.  Shanklin,  leave  of  absence  was  granted 
Mr.  Hale. 

Mr.  Broadhead  moved  a  call  of  the  Convention. 
244]         The    roll    being    called    the    following    members 
answered  to  their  names: 


CONSTITUTIONAL  CONVENTION,   1875       357 


Adams 

Crockett 

Holliday 

McAfee 

Shackelford 

Allen 

Davis 

Hyer 

McKillop 

Shanklin 

Alexander 

Dryden 

Johnson 

Mudd 

Spaunhorst 

Black 

Dysart 

of  Cole 

Norton 

Switzler 

Boone 

Edwards 

Johnston 

Pipkin 

Taylor 

Bradfield 

of  Iron 

of  Nodaway 

Rider 

of  St.  Louis 

Broadhead 

Eitzen 

Lackland 

Rippey 

Todd 

Brockmeyer 

Farris 

Letcher 

Roberts 

Wagner 

Carleton 

Fyan 

Mabrey 

Ross 

Watkins 

Chrisman 

Gottschalk 

Massey 

of  Polk 

Mr.  President 

Cottey 

Halliburton 

Maxey 

Rucker 

57 

Crews 

Hammond 

ABSENT 

Hardin 

Lay 

McKee 

Mortell 

Ray                5 

ABSENT  WITH  LEAVE 

Conway 

Gantt 

Nickerson 

Ross 

Taylor 

Edwards 

Hale 

Priest^ 

of  Morgan 

of  Jasper 

of  St.  Louis 

McCabe 

Pulitzer 

Shields 

Wallace         12 

Mr.  Norton  moved  that  further  proceedings  under  the 
call  be  dispensed  with,  which  was  agreed  to. 

On  motion  of  Mr.  Norton  the  Convention  adjourned 
until  tomorrow  at  9  o'clock  a.  m. 


TUESDAY,  JUNE  15,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  Rev.  C.  C.  Woods. 

The  journal  of  yesterday  was  read  and  approved. 

The  Convention  resumed  the  consideration  of  the 
amendment  offered  by  Mr.  Broadhead  to  the  report  of  the 
Committee  on  Representation,  Representative  and  Senator- 
ial Districts  pending  at  adjournment. 

Mr.  Pulitzer  in  the  chair. 

Mr.  Switzler  offered  the  following  substitute  for  Sec- 
tion one  of  the  report  of  the  Committee  on  Representation, 
Representative  and  Senatorial  Districts,  and  pending  amend- 


358  JOURNAL  OF  THE  MISSOURI 

ments,   and  also   Section  two  of  the   amendments  recom- 
mended by  the  minority  of  the  said  Committee: 

AN   ORDINANCE   ON   THE   SUBJECT    OF   REPRESENTATION 

Be  it  Ordained  by  the  People  oj  the  State  oj   Missouri  in  Convention  Assem- 
bled, as  follows: 

Section  1.  That  at  the  election  to  be  held  for  the  purpose  of  as- 
245]  eertaining  the  sense  of  the  people  in  regard  to  the  adoption  or 
rejection  of  the  Constitution  adopted  by  this  Convention,  there  shall 
be  submitted  to  the  voters  of  this  State,  qualified  as  such  under  the  pres- 
ent Constitution  and  laws  thereof,  the  following  ordinance  on  the  sub- 
ject of  representation,  namely,  the  first  mentioned  among  other  pro- 
visions secxiring  to  each  county  at  least  one  Representative,  regardless 
of  population,  to  be  known  and  designated  as  "The  County  Plan;"  and 
the  second  providing  for  Representative  districts,  to  be  known  and  des- 
ignated as  "The  District  Plan,"  as  follows: 

THE  COUNTY  PLAN 

Section  1.  The  House  of  Representatives  shall  consist  of  members 
to  be  chosen  every  second  year  by  the  qualified  voters  of  the  several 
counties,  and  apportioned  in  the  following  manner:  The  ration  of  repre- 
sentation shall  be  ascertained  at  each  apportioning  session  of  the  General 
Assembly  by  dividing  the  whole  number  of  inhabitants  of  the  State,  as 
ascertained  by  the  last  decennial  census  of  the  United  States,  by  the 
number  two  hundred.  Each  county  having  one  ratio,  or  less,  shall  be 
entitled  to  one  Representative;  each  county  having  two  and  a  half  times 
said  ratio  shall  be  entitled  to  two  Representatives;  each  county  having 
four  times  said  ratio  shall  be  entitled  to  three  Representatives;  each 
county  having  six  times  said  ratio,  shall  be  entitled  to  four  Representa- 
tives; and  so  one  above  that  number,  giving  one  additional  member 
for  every  two  and  a  half  additional  ratios. 

THE  DISTRICT  PLAN 

Section  1.  The  State  shall  be  divided  into  thirty-four  legislative 
districts  for  the  election  of  Senators  and  Representatives  and  each 
legislative  district  shall  be  entitled  to  one  Senator  and  three  Repre- 
sentatives, who  shall  be  chosen  by  the  qualified  voters  of  the  several  dis- 
tricts for  the  term  of  four  and  two  years  respectively.  The  General 
Assembly  shall  apportion  the  State  every  ten  years,  beginning  with  the 
year  187 — by  dividing  the  whole  number  of  inhabitants  of  the  State, 
as  ascertained  by  the  last  decennial  census  of  the  United  States  by  the 
number  34;  and  the  quotient  shall  be  the  ratio  of  legislative  representa- 
tion except  in  counties  containing  a  city  or  cities  of  more  than  one 
246]  hundred  thousand  inhabitants,  in  which  the  ratio  shall  be  increased 
by  adding  one-third  thereto.  Legislative  districts  shall  be  formed 
of  contiguous  and  compact  territory,  bounded  by  county  lines,  and  con- 
taining, as  nearly  as  practicable,  an  equal  number  of  inhabitants,  except 


CONSTITUTIONAL  CONVENTION,   1875       359 

as  hereinbefore  excepted.  Counties  containing  not  less  than  one  ratio 
and  four  fifths  of  a  ratio,  may  be  divided  into  separate  districts,  or  as 
many  districts  as  its  population  contains  the  ratio  of  legislative  repre- 
sentation, but  no  district  shall  contain  less  than  four-fifths  of  a  ratio. 
Legislative  districts  may  be  altered  from  time  to  time,  as  public  conven- 
ience may  require,  and  until  the  General  Assembly  shall  apportion  repre- 
sentation under  this  Constitution,  the  senatorial  districts  established  by 
this  Convention  shall  be  and  remain  the  legislative  districts  of  the  State. 

The  election  hereinbefore  provided  for  shall  be  by  ballot.  Those 
ballots  in  favor  of  "The  County  Plan"  shall  have  written  or  printed 
thereon  the  words  "shall  the  County  Plan  of  Representation  be  adopted? 
Yes."  Those  opposed  to  it  shall  have  written  or  printed  thereon  the 
words  "Shall  the  County  Plan  of  Representation  be  adopted?  No." 
Those  ballots  in  favor  of  "the  District  Plan"  shall  have  written  or  printed 
thereon  the  words  "Shall  the  District  Plan  of  Representation  be  adopted? 
Yes."  Those  opposed  to  it  shall  have  written  or  printed  thereon  the 
words  "Shall  the  District  Plan  of  Representation  be  adopted?     No." 

And  be  it  further  ordained  that  the  plan  of  the  two  before  men- 
tioned and  which  are  hereby  separately  submitted,  which  shall  receive  at 
said  election  a  majority  of  the  votes  east,  shall  be  valid  and  have  full 
force  and  effect  as  a  part  of  the  Constitution  of  this  State,  and  the  plan 
which  shall  receive  at  said  election  the  smallest  number  of  votes  shall 
have  no  force  or  validity  whatever.  And  be  it  further  ordained  that  in 
the  event  that  each  of  the  plans  before  mentioned  shall  receive  at  said 
election  the  same  number  of  votes.  Sections  one  and  two  of  Article  IV  of 
the  present  Constitution  shall  remain  in  free  force  and  effect. 

The  Governor  of  this  State  shall  by  proclamation  make  known 
247]  the  result  of  the  election  provided  for  by  this  ordinance. 

which  was  read. 

Mr.  Norton  rose  to  a  point  of  order  and  stated  that 
the  proposition  offered  by  Mr.  Switzler  was  an  independent 
proposition  in  the  nature  of  an  ordinance  to  be  separately 
submitted  to  the  people,  and  therefore  was  out  of  order. 

Mr.  Switzler  stated  that  the  proposition  submitted  was 
offered  as  an  amendment  to  the  pending  amendment  offered 
by  Mr.  Broadhead  and  was  in  order. 

The  Chair  decided  the  point  of  order  raised  by  Mr. 
Norton  was  well  taken. 

Mr.  Spaunhorst  moved  to  suspend  the  rules  in  order 
to  take  up  and  consider  the  proposition  offered  by  Mr. 
Switzler. 

The  question  being  on  the  suspension  of  the  rules, 
Messrs.  Spaunhorst,  Norton,  Priest,  Hardin  and  Gottschalk 
demanded  the  ayes  and  noes. 


360 


JOURNAL  OF  THE  MISSOURI 


The  Convention  refused  to  suspend  the  rules  by  the 
following  vote: 


AYES 


Adams 

Dysart 

Johnson 

McCabe 

Rucker 

Allen 

Edwards 

of  Cole 

McKee 

Shields 

Black 

of  St.  Louis  Johnston 

McKillop 

Spaunhorst 

Broadhead 

Gantt 

of  Nodaway 

Mudd 

Switzler 

Brockmeyer 

Gottsehalk 

Lackland 

Pipkin 

Taylor 

Chrisman 

Hale 

Letcher 

Pulitzer 

of  St.  Louis 

Crews 

Hammond 

Massey 

Rider 

Todd             33 

Davis 

Hardin 

NOES 

Alexander 

Edwards 

Lay 

Ray 

Shanklin 

Boone 

of  Iron 

Mabrey 

Rippey 

Wagner 

Bradfield 

Eitzen 

Maxey 

Roberts 

Wallace 

Carleton 

Farris 

McAfee 

Ross 

Watkins 

Conway 

Fyan 

Nickerson 

of  Polk 

Mr.  President 

Cottey 

HoUiday 

Norton 

Shackelford 

30 

Crockett 

Hyer 

Priest 

ABSENT 

Dryden 

Halliburton 

Mortell 

3 

ABSENT  WITH  LEAVE 

Ross 

Taylor 

of  Morgan 

of  Jasper 

2 

Mr.  Switzler  then  asked  leave  to  introduce  his  propo- 
sition as  a  separate  proposition  to  be  submitted  to  a  vote 
of  the  people.     Leave  was  granted. 

On  motion  of  Mr.  Alexander  the  proposition  of  Mr. 
Switzler  was  referred  to  the  Committee  on  Separate  Propo- 
sitions to  be  Submitted  to  the  People. 

248]  Mr.  Hardin  moved  that  one  hundred  and  fifty 
copies  of  the  proposition  be  ordered  printed,  which  was 
agreed  to. 

||v?^.  On  motion  of  Mr.  Farris  the  Convention  adjourned 
until  2  o'clock  p.'  m. 


CONSTITUTIONAL  CONVENTION,   1875       361 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  Mr. 
Pulitzer  in  the  chair. 

The  Convention  resumed  the  consideration  of  the 
amendment  oiTered  by  Mr.  Broadhead,  pending  at  adjourn- 
ment. 

Mr.  Mudd  offered  the  following  amendment  to  the 
amendment: 

Amend  the  amendment  by  striking  out  all  after  the  word  "Repre- 
sentatives" in  the  eighth  line  and  adding  in  lieu  thereof  the  following: 
."and  one  additional  Representative  for  each  one  and  a  half  ratios  above 
that  number." 


which  was  read  and  rejected. 

Mr.    Hale    offered    the    following    amendment   to 
amendment: 


the 


Amend  by  striking  out  all  after  the  word  "Representatives"  in  the 
ninth  line  and  insert  as  follows:  "and  for  every  two  ratios  above  that 
one  additional  Representative.", 

which  was  read. 

On  motion  of  Mr.  Lackland,  leave  of  absence  was 
granted  Mr.  Dryden. 

The  question  recurring  on  the  adoption  of  the  amend- 
ment, Messrs.  Hale,  Shields,  Rucker,  Lay  and  Taylor  of 
St.  Louis  demanded  the  ayes  and  noes. 

The  amendment  was  rejected  by  the  following  vote: 

AYES 


Adams 

Crews 

Hale 

Pipkin 

Spaunhorst 

Black 

Dysart 

Hardin 

Pulitzer 

Switzler 

Broadhead 

Edwards 

Letcher 

Rucker 

Taylor 

Brockmeyer 

of  St.  Louis 

Massey 

Shanklin 

of  St.  Louis 

Carleton 

Gantt 

Mortell 

Shields 

Todd             26 

Chrisman 

Gottschalk 

Mudd 

NOES 

Allen 

Cottey 

Eitzen 

HolUday 

Johnston 

Alexander 

Crockett 

Farris 

Hyer 

of  Nodaway 

Boone 

Davis 

Fyan 

Johnson 

Lackland 

Bradfield 

Edwards 

Halliburton 

of  Cole 

Lay 

Conway 

of  Iron 

Hammond 

362 


JOURNAL  OF  THE  MISSOURI 


Mabrey 

MoKillop 

Rider 

Ross 

Wallace 

Maxey 

Nickerson 

Rippey 

Of  Polk 

Watkins 

McAfee 

Norton 

Roberts 

Shackelford 

Mr.  President 

McCabe 

Priest 

Ross 

Wagner 

40 

McKee 

Ray 

of  Morgan 

ABSENT  WITH  LEAVE 


249]     Dry  den 


Taylor 

of  Jasper  2 

The  question  recurring  on  the  adoption  of  the  amend- 
ment offered  by  Mr.  Broadhead,  and  the  ayes  and  noes 
being  demanded  by  five  members,  the  amendment  was  re- 
jected by  the  following  vote: 


AYES 

Broadhead        Edwards  Hardin 

Brockmeyer         of  St.  Louis  Lackland 

Carleton  Gantt  Letcher 

Crews  Gottschalk  Mortell 

Hale  Mudd 

NOES 


Pulitzer 
Rueker 
Shields, 
Spaunhorst 


Switzler 
Taylor 

of  St.  Louis 
Todd  20 


Adams 

Dysart 

Johnson 

McKillop 

Ross 

Allen 

Edwards 

of  Cole 

Nickerson 

of  Polk 

Alexander 

of  Iron 

Johnston 

Norton 

Shackelford 

Black 

Eitzen 

of  Nodaway 

Pipkin 

Shanklin 

Boone 

Farris 

Lay 

Priest 

Wagner 

Bradfield 

Fyan 

Mabrey 

Ray 

Wallace 

Chrisman 

Halliburton 

Massey 

Rider 

Watkins 

Conway 

Hammond 

Maxey 

Rippey 

Mr.  President 

Cottej- 

Holliday 

McAfee 

Roberts 

46 

Crockett 

Hyer 

McCabe 

Ross 

Davis 

McKee 

of  Morgan 

ABSENT  WITH   LEAVE 


Dryden 


Taylor 

of  Jasper  2 

Mr.  Switzler  offered  the  following  amendment  to  Sec- 
tion one  of  the  report  of  the  Committee: 

Amend  Section  one  of  the  majority  report  by  striking  out  all  after 
the  word  "The"  in  the  first  line  and  inserting  in  lieu  thereof  the  follow- 
ing: "State  shall  be  divided  into  thirty-four  legislative  districts  for  the 
election  of  Senators  and  Representatives  and  each  legislative  district 
shall  be  entitled  to  one  Senator  and  three  Representatives  who  shall  be 
chosen  by  the  qualified  voters  of  the  several  districts  for  the  term  of  four 


CONSTITUTIONAL  CONVENTION,   1875       363 

and  two  years,  respectively.  The  General  Assembly  shall  apportion 
the  State  every  ten  years,  beginning  with  the  year  187-  by  dividing  the 
whole  number  of  inhabitants  of  the  State,  as  ascertained  by  the  last 
decennial  census  of  the  United  States  by  the  Number  34  and  the  quotient 
shall  be  the  ratio  of  legislative  representation,  except  in  counties  con- 
taining a  city  or  cities  of  more  than  one  hundred  thousand  inhabitants 
in  which  the  ratio  shall  be  increased  by  adding  one-third  thereto.  Leg- 
250]  islative  districts  shall  be  formed  of  contiguous  and  compact  terri- 
tory, bounded  by  county  lines,  and  containing  as  nearly  as  practicable 
an  equal  number  of  inhabitants,  except  as  hereinbefore  excepted.  Coun- 
ties containing  not  less  than  one  ratio  and  four-fifths  of  a  ratio,  may  be 
divided  into  separate  districts,  or  as  many  districts  as  its  population 
contains  the  ratio  of  legislative  representation;  but  no  district  shall  con- 
tain less  than  four-fifths  of  a  ratio.  Legislative  districts  may  be  altered 
from  time  to  time,  as  public  convenience  may  require  and  until  the  Gen- 
eral Assembly  shall  apportion  representation  under  this  Constitution, 
the  senatorial  districts  estabUshed  by  this  Convention  shall  be  and  re- 
main the  legislative  districts  of  the  State." 

which  was  read. 

The  Chair  laid  before  the  Convention  the  following 
communication  from  the  Adjutant-General: 

Adjutant-General's  Office. 
City  of  Jefferson,  June  15,  1875. 

To  the  Honorable  the  Convention  to  Revise  and  Amend  the  Constitution  oj 
the  State  oj  Missouri: 

Gentlemen: 

In  further  compliance  with  the  resolution  of  your  honorable  body 
of  the  5th  inst.  requesting  the  Adjutant-General  to  communicate  to  the 
Convention  the  facts  in  relation  to  alleged  fraudulent  issue  of  certificates 
of  indebtedness  for  war  claims,  I  have  the  honor  to  submit  herewith  a 
duplicate  of  the  report  this  day  submitted  to  His  Excellency,  the  Gov- 
ernor and  Commander-in-Chief,  relating  to  the  claims  for  service  of  the 
77th  Regt.  E.  M.  M.  and  certificates  of  indebtedness  issued  therefor. 
I  have  the  honor  to  be. 

With  great  respect, 

G.  C.  Bingham,  Adj.-Gen.  Mo. 

which  was  read. 

On  motion  the  report  was  laid  over  irformally. 

Mr.  Watkins  moved  to  adjourn  until  tomorrow  at  9 
o'clock  a.  m. 

The  ayes  and  noes  being  demanded  by  five  members, 
251]  the  Convention  refused  to  adjourn  by  the  following 
vote: 


364 


JOURNAL  OF  THE  MISSOURI 


AYES 


Adams 

Gottschalk 

Lay 

Ross 

Switzler 

Allen 

Hardin 

Letcher 

of  Morgan 

Taylor 

Black 

Holliday 

Mabrey 

Shackelford 

of  St.  Louis 

Chrisman 

Johnston 

McKee 

Shields 

Todd 

Crews 

of  Nodaway 

Mortell 

Spaunhorst 

Wallace         25 

Davis 

Lackland 

Mudd 

NOES 

Alexander 

Edwards 

Halliburton 

McKillop 

Roberts 

Boone 

of  Iron 

Hammond 

Nickerson 

Ross 

Bradfield 

Edwards 

Hyer 

Norton 

of  Polk 

Broadhead 

of  St.  Louis 

Johnson 

Pipkin 

Rueker 

Carleton 

Eitzen 

of  Cole 

Priest 

Shanklin 

Conway 

Farris 

Massey 

Pulitzer 

Wagner 

Cottey 

Fyan 

Maxey 

Ray 

Watkins 

Crockett 

Gantt 

McAfee 

Rider 

Mr.  President 

Dysart 

Hale 

McCabe 
ABSENT 

Rippey 

40 

Brockmeyer 

1 

ABSENT  WITH 

LEAVE 

Dryden 

Taylor 
of  Jasper 

2 

Mr.  Spaunhorst  moved  to  refer  the  report  of  the  Com- 
mittee and  all  pending  propositions  to  the  Committee  on 
Separate  Propositions  to  be  Submitted  to  the  People,  which 
was  not  agreed  to. 

On  motion  of  Mr.  Shanklin  the  Convention  adjourned 
until  tomorrow  at  9  o'clock  a.  m. 


WEDNESDAY,  JUNE  16,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  Rev.  Mr.  Barrett. 

The  journal  of  yesterday  was  read  and  approved. 

The  Convention  resumed  the  consideration  of  the 
amendment  offered  by  Mr.  Switzler  to  Section  one  of  the 


CONSTITUTIONAL  CONVENTION,   1875       365 

report  of  the  Committee  on  Representation,  Representative 
and  Senatorial  Districts,  pending  at  adjournment. 
Mr.  Broadhead  offered  the  following  resolution: 

Resolved,  That  the  pending  amendment  be  submitted  as  an  article 
of  the  Constitution  to  be  separately  voted  on  by  the  people  for  ratifica- 
tion or  rejection,  at  the  same  time  that  the  Constitution  is  submitted, 
that  the  same  be  referred  to  the  Committee  on  Separate  Propositions 
with  instructions  to  prepare  the  same  in  proper  form  for  submission  to  the 
people. 

252]  which  was  read. 

Mr.  Norton  rose  to  a  point  of  order  and  stated  that  the 
resolution  just  offered  was  out  of  order  as  the  report  of  the 
Committee  and  pending  amendments  was  under  consid- 
eration. The  President  decided  the  point  of  order  not  well 
taken. 

Mr.  Norton  offered  the  following  amendment  to  the 
resolution: 

Amend  by  striking  out  all  after  the  word  "amendment!'  in  the  first 
line  and  insert  the  following:  "be  referred  to  the  Committee  on  Separate 
Propositions  with  instructions  to  consider  the  same  at  their  earliest 
convenience,  and  report  upon  the  expediency  of  submitting  the  same  or 
some  similar  proposition  to  a  separate  vote  of  the  people." 

which  was  read. 

Mr.  Spaunhorst  rose  to  a  point  of  order  and  stated 
that  the  proposition  of  Mr.  Broadhead,  although  in  the 
shape  of  a  resolution,  was  nothing  more  than  a  motion  to 
commit  and  that  the  amendment  was  out  of  order.  The 
President  decided  the  point  of  order  not  well  taken. 

Mr.  Shields  offered  the  following  amendment  to  the 
amendment: 

Amend  the  amendment  to  the  resolution  by  striking  out  all  after 
the  word  "instructions"  and  insert  the  following  words:  "to  report  the 
same  or  a  similar  proposition  to  the  Convention  to  be  submitted  to  the 
people  as  a  separate  proposition  which  this  Convention  hereby  pledges 
itself  to  do." 

which  was  read. 

On  motion  of  Mr.  Gantt  the  Convention  adjourned 
until  2  o'clock  p.  m. 


366 


JOURNAL  OF  THE  MISSOURI 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  Convention  resumed  the  consideration  of  the 
amendment  offered  by  Mr.  Shields  to  the  amendment  of  Mr. 
Norton  pending  at  adjournment. 

Mr.  Pulitzer  moved  the  previous  question,  which  was 
ordered. 

The  question  being  on  agreeing  to  the  amendment  of- 
fered by  Mr.  Shields,  and  the  ayes  and  noes  being  de- 
manded by  five  members,  the  amendment  was  rejected 
253]  by  the  following  vote: 

AYES 


Adams 

Crews 

Hardin 

Mudd 

Spaunhorst 

Allen 

Edwards 

Lackland 

Pipkin 

Switzler 

Black 

of  St.  Louis 

Letcher 

Pulitzer 

Taylor 

Broadhead 

Gantt 

Massey 

Rucker 

of  St.  Louis 

Brockmeyer 

Gottschalk 

Mortell 

Shields 

Todd              25 

Chrisman 

Hale 

NOES 

Alexander 

Eitzen 

Johnston 

Priest 

Shackelford 

Boone 

Farris 

of  Nodaway  Ray 

Shanklin 

Bradfield 

Fyan 

Lay 

Rider 

Taylor 

Carleton 

Halliburton 

Mabrey 

Rippey 

of  Jasper 

Conway 

Hammond 

Maxey 

Roberts 

Wagner 

Cottey 

Holliday 

McAfee 

Ross 

Wallace 

Crockett 

Hyer 

McCabe 

of  Morgan 

Watkins 

Dysart 

Johnson 

McKillop 

Ross 

Mr.  President 

Edwards 

of  Cole 

Nickerson 

of  Polk 

40 

of  Iron 

Norton 
ABSENT 

Davis 


McKee 


ABSENT  WITH  LEAVE 
Dry den  1 

The  question  recurring  on  agreeing  to  the  amendment 
offered  by  Mr.  Norton  to  the  resolution,  and  the  ayes  and 
noes  being  demanded  by  five  members,  the  amendment 
was  agreed  to  by  the  following  vote: 


CONSTITUTIONAL  CONVENTION,   1875       367 


AYES 


Alexander 

Edwards 

Lay 

Norton 

Rucker 

Boone 

of  Iron 

Mabrey 

Priest 

Shanklin 

Bradfield 

Eitzen 

Massey 

Ray 

Taylor 

Carleton 

Farris 

Maxey 

Rider 

of  Jasper 

Conway 

Fyan    " 

McAfee 

Rippey 

Wagner 

Cottey 

Halliburton 

McCabe 

Ross 

Wallace 

Crews 

Hammond 

MeKillop 

of  Morgan 

Watkins 

Crockett 

Holliday 

Mudd 

Ross 

Mr.  President 

Dysart 

Hyer 

Nickerson 
NOES 

of  Polk 

40 

Adams 

Edwards 

Johnson 

Mortell 

Spaunhorst 

Allen 

of  St.  Louis 

i       of  Cole 

Pipkin 

Switzler 

Black 

Gantt 

Johnston 

Pulitzer 

Taylor 

Broadhead 

Gottschalk 

of  Nodaway 

Roberts 

of  St.  Louis 

Chrisman 

Hale 

Lackland 

Shackelford 

Todd             24 

Hardin 

Letcher 
ABSENT 

Shields 

, 

Broekmeyer 

Davis 

McKee 

3 

ABSENT  WITH  LEAVE 


Dryden 


The  resolution  offered  by  Mr.  Broadhead  as  amended 
was  then  adopted. 

Mr.  Shields  offered  the  following  amendment  to  Sec- 
tion one  of  the  report  of  the  Committee: 

Strike  out  all  after  the  word  "Representative"  in  the  seventh  line 
and  insert  in  lieu  thereof  the  following:  "Each  county  having  two  ratios 
shall  be  entitled  to  two  Representatives,  each  county  having  three  and 
254]  one-half  ratios  shall  be  entitled  to  three  Representatives,  each 
county  having  six  ratios  shall  be  entitled  to  four  Representatives,  and 
above  that  number  each  county  shall  be  entitled  to  one  additional  Repre- 
sentative for  each  two  additional  ratios,  until  the  number  of  Representa- 
tives reaches  twenty-one,  and  above  that  number  it  shall  require  two  and 
one-half  ratios  for  each  additional  Representative,  provided  that  no 
county  having  two  Representatives  under  this  provision,  shall  be  de- 
prived of  either  under  the  apportionment  on  the  United  States  census  of 
1880." 

which  was  read. 

Mr.  Shackelford  offered  the  following  amendment  to 
the  amendment  offered  by  Mr.  Shields: 


368  JOURNAL  OF  THE  MISSOURI 

Amend  the  amendment  by  striking  out  all  after  the  words,  "addi- 
tional Representatives,"  when  it  occurs  the  second  time. 

which  was  read. 

On  motion  of  Mr.  McCabe  the  Convention  adjourned 
until  tomorrow  at  9  o'clock  a.  m. 


THURSDAY,  JUNE  17,  1875 

MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  Rev.  Mr.  Barrett. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Switzler  offered  the  following  resolution: 

Resolved,  That  the  State  Printer  is  authorized  and  instructed  as 

speedily  as  possible,  and  in  the  usual  form  and  style,  to  publish  

copies  of  the  journal  of  this  Convention  and  that  the  journal  clerk  fur- 
nish the  printer  no  copy  which  has  not  been  revised  and  approved 
by  the  revising  committee. 

which  was  read. 

Mr.  Norton  moved  to  fill  the  blank  number  of  copies 
with  the  words  three  thousand,  which  was  agreed  to.  The 
resolution  as  amended  was  then  adopted. 

Mr.  Nickerson  presented  a  communication  from  Joseph 
Ramsey,  of  Shelbyville,  Tennessee,  in  relation  to  science  of 
255]  government,  which  was  read  and  referred  to  the  Com- 
mittee on  Legislative  Department. 

The  Convention  resumed  the  consideration  of  the 
amendment  offered  by  Mr.  Shackelford  to  the  amendment 
offered  by  Mr.  Shields  pending  at  adjournment. 

Mr.  Shanklin  in  the  chair. 

Mr.  Shackelford,  by  unanimous  consent  of  the  Con- 
vention, withdrew  his  amendment  offered  yesterday  to  the 
amendment  of  Mr.  Shields. 

Mr.  Chrisman  offered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Shields: 


CONSTITUTIONAL  CONVENTION,   1875       369 

Amend  the  amendment  by  striking  therefrom  all  after  the  word 
"Representatives"  in  the  second  line  thereof  and  inserting  the  follow- 
ing: "each  county  having  four  times  said  ratio  shall  be  entitled  to  three 
Representatives,  and  so  on  above  that  number  giving  one  additional 
Representative  for  every  two  additional  ratios  until  the  number  of  Repre- 
sentatives in  any  one  county  shall  reach  twenty  and  above  that  number 
it  shall  require  three  additional  ratios  to  give  one  additional  Repre- 
sentative." 

which  was  read. 

On  motion  of  Mr.  Wagner  the  Convention  adjourned 
until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Mr.  Massey  offered  the  following  resolution: 

Resolved,  That  the  State  Auditor  be  requested  to  lay  before  the 
Convention  the  condition  of  the  State  finances,  including  the  receipts  and 
expenditures  since  January  1,  1875;  also  the  sources  of  revenue,  and 
whether  the  tax  now  set  apart  as  a  sinking  fund  will  be  required  to  be  in- 
creased or  diminished  in  view  that  the  proper  means  be  provided  to  main- 
tain the  credit  of  the  State  inviolate  beyond  a  doubt. 

Resolved,  That  the  Secretary  of  this  Convention  furnish  a  copy  of 
this  resolution  to  the  State  Auditor. 

which  was  read  and  adopted. 

The  Convention  resumed  the  consideration  of  the 
256]  amendment  offered  by  Mr.  Chrisman  to  the  amend- 
ment offered  by  Mr.  Shields  pending  at  adjournment. 

Vice-President  Watkins  in  the  chair. 

The  amendment  to  the  amendment  was  accepted  by 
Mr.  Shields  and,  there  being  no  objections,  it  was  so  ordered 
by  the  Chair. 

On  motion  of  Mr.  Lackland  the  Convention  adjourned 
until  tomorrow  at  9  o'clock  a.  m. 


370 


JOURNAL  OF  THE  MISSOURI 


FRIDAY,  JUNE  18,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  the  Rev.  A.  H.  Parker. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Alexander  offered  the  following  resolution: 

Resolved,  That  all  debate  on  the  propositions  now  before  the  Con- 
vention shall  cease  at  10  o'clock  a.  m.  this  day  and  that  the  Convention 
will  then  proceed  to  vote  upon  the  main  question  and  the  amendment 
thereto  that  may  then  be  pending. 

which  was  read  and  decided  out  of  order. 

The  Convention  resumed  the  consideration  of  the 
amendment  offered  by  Mr.  Shields  as  amended  to  Section 
one  of  the  report  of  Committee  on  Representation,  Repre- 
sentative and  Senatorial  Districts  pending  at  adjournment. 

On  motion  of  Mr.  Halliburton  leave  of  absence  was 
granted  Mr.  Hammond. 

The  question  being  on  agreeing  to  the  amendment  of- 
fered by  Mr.  Shields  as  amended,  and  the  ayes  and  noes 
being  demanded  by  five  members,  the  amendment  as 
amended  was  rejected  by  the  following  vote: 

AYES 


Adams 

Dysart 

Hardin 

Pulitzer 

Switzler 

Allen 

Edwards 

Lackland 

Rucker 

Taylor 

Black 

of  St.  Louis 

Letcher 

Shackelford 

of  St.  Louis 

Brockmeyer 

Gantt 

Mortell 

Shields 

Todd 

Chrisman 

Gottschalk 

Mudd 

Spaunhorst 

Wallace         26 

Crews 

Hale 

Niekerson 
NOES 

257]  AlexanderCrockett 

Fyan 

Johnston 

Maxey 

Boone 

Davis 

HoUiday 

of  Nodaway 

McAfee 

Bradfield 

Edwards 

Hyer 

Lay 

McCabe 

Carleton 

of  Iron 

Johnson 

Mabrey 

McKillop 

Conway 

Eitzen 

of  Cole 

Massey 

Norton 

Cottey 

Farris 

CONSTITUTIONAL  CONVENTION,   1875        371 


Pipkin 

Rippey 

Ross 

Taylor 

Watkins 

Priest 

Roberts 

of  Polk 

of  Jasper 

Mr.  President 

Ray 

Ross 

Shanklin 

Wagner 

38 

Rider 

of  Morgan 

ABSENT 

Broadhead       McKee 


Dryden 


ABSENT  WITH  LEAVE 
Hammond 


Mr.  Hale  olTered  the  following  amendment  to  Section 
one  of  the  report  of  the  Committee: 

Amend  Section  one  of  the  majority  report  as  follows:  Strike  out 
in  the  sixth  and  seventh  lines  the  words,  "Each  county  having  one  ratio 
or  less  shall  be  entitled  to  one  Representative,"  and  insert  in  lieu  thereof 
the  following:  "Each  county  having  one  ratio  or  less  in  excess  of  five 
thousand  inhabitants  shall  be  entitled  to  one  Representative;  each 
county  having  less  than  five  thousand  inhabitants  shall  be  attached  to 
the  county  adjoining  having  the  smallest  population  and  form  one 
representative  district  which  shall  be  entitled  to  one  Representative; 
Provided,  when  it  shall  be  ascertained  from  the  returns  of  the  United 
States  census  that  any  county  so  attached  to  a  larger  county  shall  have 
acquired  a  population  of  five  thousand  inhabitants  or  more,  such  county 
shall  be  entitled  to  one  Representative." 

which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  was  rejected  by  the  following  vote: 

AYES 


Adams 

Crews 

Gantt 

Lackland 

Nickerson 

Allen 

Dysart 

Gottschalk 

Letcher 

Pulitzer 

Black 

Edwards 

Hale 

Mortell 

Switzler 

Chrisman 

of  St.  Louis 

Hardin 
NOES 

Mudd 

Todd              19 

Alexander 

Edwards 

Johnston 

Priest 

Shanklin 

Boone 

of  Iron 

of  Nodaway  Ray 

Shields 

Bradfield 

Eitzen 

Lay 

Rider 

Spaunhorst 

Brockmeyer 

Farris 

Mabrey 

Rippey 

Taylor 

Carleton 

Fyan 

Massey 

Roberts 

of  St.  Louis 

Conway 

Halliburton 

Maxey 

Ross 

Wagner 

Cottey 

Holliday 

McAfee 

of  Morgan 

Wallace 

Crockett 

Hyer 

McCabe 

Ross 

Watkins 

Davis 

Johnson 

McKillop 

of  Polk 

Mr.  President 

of  Cole 

Norton 

Shackelford 

42 

372  JOURNAL  OF  THE  MISSOURI 

ABSENT 
Broadhead       McKee  Pipkin  Rueker  4 

ABSENT  WITH  LEAVE 
258]  Dryden     Hammond  2 

EXCUSED 
Taylor 

of  Jasper  1 

On  motion  of  Mr.  Gantt  leave  of  abence  was  granted 
Mr.  Todd. 

On  motion,  leave  of  absence  was  granted  Mr.  Adams. 

Mr.  Switzler  offered  the  following  amendment  to  Sec- 
tion 1: 

Strike  out  of  the  seventh  line  the  words,  "two  and  a  half  times,"  and 
insert  the  word  "twice"  in  lieu  thereof. 

which  was  read. 

On  motion  of  Mr.  Pulitzer  the  Convention  adjourned 
until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Mr.  Spaunhorst  offered  the  following  resolution: 

Resolved,  That  the  Constitutional  Convention  adjourn  on  Tuesday, 
the  27th  inst.  at  12  o'clock,  and  that  it  convene  to  an  adjourned  session 
at  this  place  to  take  place  on  Wednesday,  January  5,  A.  D.  1876,  at  ten 
o'clock  a.  m. 

which  was  read  and  laid  over  informally. 

On  motion  of  Mr.  Wallace,  leave  of  absence  was 
granted  Mr.  Pipkin. 

On  motion  of  Mr.  Wagner,  leave  of  absence  was  granted 
Mr.  Crews. 

On  motion  of  Mr.  Edwards  of  St.  Louis,  leave  of  absence 
was  granted  to  Mr.  Broadhead. 

On  motion  of  Mr.  Taylor  of  Jasper,  leave  of  absence 
was  granted  Mr.  Hardin. 


CONSTITUTIONAL  CONVENTION,   1875       373 


The  Convention  resumed  the  consideration  of  the 
amendment  offered  by  Mr.  Switzler  to  Section  one,  pending 
at  adjournment.  The  question  being  on  agreeing  to  the 
amendment,  the  ayes  and  noes  were  demanded  by  five  mem- 
bers. 

The  amendment  was  rejected  by  the  following  vote: 

AYES 


Allen 

Edwards 

Lackland 

Rucker 

Switzler 

Blaek 

of  St.  Louis 

Letcher 

Shackelford 

Taylor 

Brockmeyer 

Gantt 

Mortell 

Shields 

of  St.  Louis 

Chrisman 

Gottschalk 

Mudd 

Spaunhorst 

Wallace        21 

Dysart 

Hale 

Pulitzer 
NOES 

269]  AlexanderEd  wards 

Johnson 

McKee 

Ross 

Boone 

of  Iron 

of  Cole 

McKillop 

of  Polk 

Bradfield 

Eitzen 

Johnston 

Norton 

Shanklin 

Carleton 

Farris 

of  Nodaway 

Priest 

Taylor 

Conway 

Fyan 

Mabrey 

Ray 

of  Jasper 

Cottey 

Halliburton 

Massey 

Rider 

Wagner 

Crockett 

Holliday 

Maxey 

Rippey 

Watkins 

Davis 

Hyer 

McAfee 
MeCabe 

ABSENT 

Ross 

of  Morgan 

Mr.  President 
37 

Lay 

Nickerson 

2 

ABSENT  WITH  LEAVE 

Adams 

Crews 

Hammond 

Pipkin 

Todd               8 

Broadhead 

Dryden 

Hardin 

Mr.  Hardin  arose  to  a  question  of  privilege  and  stated 
that  if  he  had  been  present  when  the  vote  was  taken  on  the 
amendment  offered  by  Mr.  Switzler  he  would  have  voted 
in  the  affirmative. 

Mr.  Massey  ofTered  the  following  amendment  to  Sec- 
tion one: 

Amend  Section  one  of  the  majority  report  by  striking  out  all  after 
the  word  "Representative"  in  the  seventh  line  and  insert  the  following: 
"Each  county  having  three  times  said  ratio  shall  be  entitled  to  two 
Representatives,  each  county  having  six  times  said  ratio  shall  be  entitled 
to  three  Representatives,  and  so  on  above  that  number,  giving  one  ad- 
ditional member  for  every  three  additional  ratios." 

which  was  read. 


374 


JOURNAL  OF  THE  MISSOURI 


Mr.  Nickerson  arose  to  a  question  of  privilege  and  stated 
that  if  he  had  been  present  when  the  vote  was  taken  on  the 
amendment  offered  by  Mr.  Switzler  to  Section  one  he  would 
have  voted  in  the  affirmative. 

Mr.  Spaunhorst  moved  to  recommit  the  report  on  rep- 
resentation, representative  and  senatorial  districts,  and 
pending  amendments  to  the  Committee  on  Representation, 
Representative  and  Senatorial  Districts,  with  instructions 
to  report  it  back  on  Thursday,  June  24,  1875,  and  that  it 
be  made  the  special  order  for  ten  o'clock  on  that  day,  which 
was  not  agreed  to. 

The  question  recurring  on  the  amendment  offered  by 
Mr.  Massey,  the  ayes  and  noes  being  demanded  by  five 
260]  members,  the  amendment  was  rejected  by  the  follow- 
ing vote: 

AYES 


Johnston 

Massey 

Pulitzer 

Ross 

of  Nodaway 

NOES 

of  Morgan 

4 

Alexander 

Eitzen 

Lackland 

Norton 

Switzler 

Black 

Farris 

Lay 

Priest 

Taylor 

Boone 

Fyan 

Letcher 

Ray 

of  Jasper 

Bradfield 

Gantt 

Mabrey 

Riier 

Taylor 

Carleton 

Gottsehalk 

Maxey 

Rippey 

of  St.  Louis 

Chrisman 

Hale 

McAfee 

Ross 

Wagner 

Conway 

Halliburton 

MeCabe 

of  Polk 

Wallace 

Cottey 

Hardin 

McKee 

Rucker 

Watkins 

Crockett 

HoUiday 

McKillop 

Shackelford 

Mr.  President 

Dysart 

Hyer 

Mortell 

Shanklin 

50 

Edwards 

Johnson 

Nickerson 

Spaunhorst 

of  Iron 

of  Cole 

ABSENT 

Allen 

Davis 

Edwards 

Mudd 

Shields            7 

Broekmeyer 

of  St.  Louis 

Roberts 

ABSENT  WITH  ] 

LEAVE 

Adams 

Dryden 

Hammond 

Pipkin 

Todd               7 

Broadhead 

Crews 

Mr.  Mudd  offered  the  following  amendment  to  Section 


one; 


CONSTITUTIONAL  CONVENTION,   1875       375 

Amend  Section  one  by  striking  out  all  after  the  word  "Represen- 
tatives" in  the  first  line  and  insert  as  follows:  "shall  be  elected  at  each 
general  election,  and  the  term  in  office  shall  be  for  two  years.  The 
population  of  the  State,  as  ascertained  by  the  last  decennial  census  shall 
be  divided  by  the  number  150  and  the  quotient  shall  be  the  ratio  of  rep- 
resentation in  the  House  of  Representatives.  Each  county  having  a 
population  exceeding  three-fifths  of  the  ratio  shall  be  entitled  to  one 
Representative.  If  any  county  shall  have  less  than  three-fifths  of  the 
ratio  it  shall  be  attached  to  some  adjoining  county  or  counties  to  make 
as  nearly  as  may  be,  one  ratio;  and  counties  so  attached  shall  constitute 
a  representative  district.  Every  county  having  a  population  not  less 
than  one  ratio  and  three-fifths,  shall  be  entitled  to  two  Representatives, 
and  for  each  additional  number  of  inhabitants,  equal  to  the  ratio,  one 
additional  Representative.  When,  under  the  provision  of  this  section, 
it  may  be  necessary  to  add  a  small  county  to  one  having  one  ratio  of 
261]  population  and  by  such  addition,  the  counties  so  combined  shall 
have  a  population  which  would  entitle  them  to  two  or  more  Representa- 
tives, the  Representatives  may  be  elected  at  large  in  said  district,  -pro- 
vided, however,  that  the  county  courts  of  such  counties  may,  by  order 
agreed  upon,  and  entered  upon  the  records  of  such  courts,  divide  said 
counties  into  representative  districts  to  correspond  with  the  Repre- 
sentatives to  which  said  counties  may  be  entitled,  each  of  which  dis- 
trict shall  elect  one  Representative.  When  any  county  shall  be  entitled  to 
more  than  one  Representative,  the  county  court  shall  cause  said  county 
to  be  subdivided  into  as  many  compact  and  convenient  districts  as  such 
county  may  be  entitled  to  Representatives,  which  district  shall  be  as 
near  as  may  be  of  equal  population,  and  the  qualified  voters  of  each  such 
districts  shall  be  entitled  to  elect  one  Representative.  When  a  county 
or  district  having  but  one  Representative  shall  have  a  fraction  of  popula- 
tion above  the  ratio  for  a  Representative,  equal  to  one-fifth  of  the  ratio, 
such  county  or  district  shall  be  entitled  to  one  additional  Representative. 
During  the  second  one-fourth  terms  of  each  decennial  period  for  which 
each  apportionment  shall  be  made,  when  such  fractions  shall  exceed 
two-fifths  of  the  ratio  such  county  or  district  shall  be  entitled  to  one  ad- 
ditional Representative,  during  the  first,  third  and  fifth  decennial  period, 
or  terms  respectively." 

which  was  read  and  rejected. 

Mr.  Letcher  offered  the  following  amendment  to  Sec- 
tion one: 

Amend  the  first  section  by  striking  out  all  after  the  word  "hundred" 
in  the  sixth  line  and  insert  the  following:  "Each  county  having  one 
ratio  or  less  shall  be  entitled  to  one  Representative,  each  county  having 
two  ratios  shall  be  entitled  to  two  Representatives,  each  county  having 
three  ratios  shall  be  entitled  to  three  Representatives  and  for  every  two 
and  a  half  additional  ratios  any  county  may  have  above  three,  such 
262]  county  shall  be  entitled  to  an  additional  Representative." 

which  was  read  and  rejected. 


376  JOURNAL  OF  THE  MISSOURI 

Mr.  Gantt  offered  the  following  substitute  for  the  first 
section  of  the  report  of  the  Committee  on  Representation, 
Representative  and  Senatorial  Districts: 

The  members  of  the  House  of  Representatives  shall  never  exceed 
eighty-four  and  the  number  of  the  Senate  shall  never  exceed  twenty- 
eight,  and  the  members  thereof  shall  be  apportioned  as  follows: 

The  General  Assembly,  meeting  first  after  the  adoption  of  this  Con- 
stitution, shall  divide  the  whole  population  of  the  State,  as  ascertained 
by  the  last  federal  census,  by  the  number  28  and  shall  proceed  to  divide 
the  State  into  twenty-eight  senatorial  districts  of  compact  and  con- 
tiguous territory,  each  district  to  be  bounded  by  county  lines  and  con- 
taining a  population,  as  nearly  as  may  be,  equal  to  the  quotient  ascer- 
tained as  above  provided,  except  that  in  counties  containing  cities  of  a 
population  exceeding  two  hundred  thousand,  the  senatorial  districts 
shall  contain  a  population  one-third  larger.  These  districts  shall  be 
numbered  from  one  to  twenty-eight.  At  the  general  election  first  after 
such  division  one  Senator  shall  be  elected  from  each  senatorial  district 
by  the  qualified  voters  thereof.  The  Senators  elected  from  the  districts 
having  odd  numbers  shall  hold  office  for  two  years,  and  the  senators 
elected  from  districts  having  even  numbers  shall  hold  office  for  four 
years  from  the  day  of  their  election,  but  the  seat  of  every  Senator,  whether 
for  an  odd  or  even  district,  shall  be  vacated  at  the  end  of  the  session  of  the 
General  Assembly  next  after  the  taking  and  publication  of  any  de- 
cennial federal  census.  First,  From  each  of  the  senatorial  districts  thus 
ascertained,  three  members  of  the  House  of  Representatives  shall  be 
elected  at  every  general  election,  who  shall  hold  office  for  two  years  there- 
after. At  such  election  any  voter  may  east  for  any  designated  candidate, 
as  many  votes  as  there  are  Representatives  to  be  elected,  or  may  dis- 
tribute his  votes  among  the  candidates  at  his  discretion.  Second,  At  the 
session  of  the  General  Assembly  next  after  the  taking  and  publication  of 
each  federal  decennial  census,  the  process  of  dividing  the  State,  as  indi- 

263]  cated  in  Section of  this  article,  shall  be    repeated,  the   whole 

number  of  senatorial  districts  never  exceeding  thirty-eight  but  the  Gen- 
eral Assembl3^  may,  at  any  time,  lessen  the  number  of  such  senatorial 
districts. 

which  was  read. 

Mr.  Switzler  otTered  the  following  amendment  to  the 
substitute: 

Amend  by  striking  out  all  after  the  word  "thereafter"  in  the  seven- 
teenth line  and  before  the  word  "at"  in  the  nineteenth  line. 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  the  substi- 
tute, five  members  demanded  the  ayes  and  noes. 

The  substitute  was  rejected  by  the  following  vote: 


CONSTITUTIONAL  CONVENTION,   1875       377 


AYES 


Dysart 

Gantt 

Johnston 

Letcher 

Pulitzer 

Edwards 

Gottschalk 

of  Nodaway  McKee 

Spaunhorst 

of  St.  Louis 

Hale 

Lackland 
NOES 

Mudd 

Switzler         13 

Alexander 

Edwards 

Johnson 

Priest 

Shields 

Black 

of  Iron 

of  Cole 

Ray 

Taylor 

Boone 

Eitzen 

Lay 

Rider 

>    of  Jasper 

Bradfield 

Farris 

Mabrey 

Rippey 

Taylor 

Brockmeyer 

Fyan 

Massey 

Roberts 

of  St.  Louis 

Carleton 

Halliburton 

Maxey 

Ross 

Wagner 

Chrisman 

Hardin 

McAfee 

of  Morgan 

Wallace 

Conway 

Holliday 

McKillop 

Ross 

Watkins 

Cottey 

Hyer 

Nickerson 

of  Polk 

Mr.  President 

Crockett 

Norton 
ABSENT 

Shanklin 

42 

Allen 

McCabe 

Mortell 

Rueker 

Shackelford    6 

Davis 

ABSENT  WITH 

LEAVE 

Adams 
Broadhead 

Crews 
Dryden 

Hammond 

Pipkin 

Todd               7 

The  question  then  recurring  on  the  adoption  of  Section 
one  of  the  report  of  the  Committee,  and  the  ayes  and  noes 
being  demanded  by  five  members,  Section  one  was  adopted 
by  the  following  vote: 


AYES 


Alexander 

Edwards 

Lay 

Priest 

Shanklin 

Boone 

of  Iron 

Mabrey 

Ray 

Shields 

Bradfield 

Eitzen 

Massey 

Rider 

Taylor 

Carleton 

Farris 

Maxey 

Rippey 

of  Jasper 

Conway 

Fyan 

McAfee 

Roberts 

Wagner 

Cottey 

Halliburton 

McCabe 

Ross 

Wallace 

Crockett 

Holliday 

McKee 

of  Morgan 

Watkins 

Davis 

Hyer 

McKillop 

Ross 

Mr.  President 

Dysart 

Johnson 

Nickerson 

of  Polk 

42 

of  Cole 

Norton 
NOES 

Rueker 

264]  Black 

Gantt 

Johnston 

Mortell 

Switzler 

Brockmeyer 

Gottschalk 

of  Nodaway 

Mudd 

Taylor 

Chrisman 

Hale 

Lackland 

Pulitzer 

of  St.  Louis 

Edwards 

Hardin 

Letcher 

Spaunhorst 

17 

of  St.  Louis 

378  JOURNAL  OF  THE  MISSOURI 

ABSENT 
Allen  Shackelford  2 

ABSENT  WITH  LEAVE 

Adams  Crews  Hammond        Pipkin  Todd  7 

Broadhead       Dryden 

Mr.  Maxey  presented  a  resolution  from  the  Patrons  of 
Husbandry  of  Phelps  county  in  regard  to  taxation,  which 
was  read  and  on  motion  referred  to  the  Committee  on  Rev- 
enue and  Taxation. 

Section  two  was  then  read. 

Mr.  Gottschalk  offered  the  following  amendment  to 
Section  two : 

Amend  Section  two  by  striking  out  all  after  the  word  "Provided" 
in  line  six  and  insert  in  lieu  thereof  the  following:  "That  when  any 
county  shall  be  entitled  to  more  than  ten  Representatives,  the  county 
shall  not  be  divided  into  representative  districts,  but  at  all  elections  for 
such  Representatives,  any  voter  may  cast  for  any  designated  candidate 
as  many  votes  as  there  are  Representatives  to  be  elected  in  said  county, 
or  may  distribute  his  votes  among  the  candidates  at  his  discretion." 

which  was  read. 

Mr.  Spaunhorst  in  the  chair. 

Mr.  Massey  called  for  a  division  of  the  question. 

Mr.  Mudd  moved  that  the  Convention  adjourn  until 
tomorrow  morning  at  9  o'clock,  which  was  not  agreed  to. 

On  motion  of  Mr.  Brockmeyer  Section  two  with 
pending  amendments  was  laid  over  informally. 

Section  three  was  read  and  adopted. 

Section  four  was  than  read  and  adopted. 

Section  five  was  read  and  on  motion  of  Mr.  Gantt  laid 
over  informally. 

Section  six  was  then  read. 

On  motion  of  Mr.  Norton  the  Convention  adjourned 
until  tomorrow  at  9  o'clock  a.  m. 


CONSTITUTIONAL  CONVENTION,   1875       379 

265]  SATURDAY,  JUNE  19,  1875 

MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  the  Rev.  A.  H.  Parker. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Fyan  from  the  Committee  on  Representation, 
Representative  and  Senatorial  Districts,  submitted  the  fol- 
lowing report: 

Mr.  President: 

The  Committee  on  Representation,  Representative  and  Senatorial 
Districts  to  which  was  referred  the  resolution  "to  district  the  State  for 
the  election  of  State  Senators,  etc."  respectfully  submit  the  following 
provision  to  be  incorporated  as  a  section  in  Article of  the  Consti- 
tution. 

Section — .  Until  the  State  shall  be  divided  into  senatorial  districts 
in  accordance  with  the  provisions  of  this  article  the  said  districts  shall 
stand  and  be  numbered  as  follows: 

First  District  shall  be  composed  of  the  counties  of  Andrew,  Holt, 
Nodaway  and  Atchison. 

Second  District — The  counties  of  Buchanan,  DeKalb,  Gentry  and 
Worth. 

Third  District — -The  counties  of  Clay,  Clinton  and  Platte. 

Fourth  District — The  counties  of  Caldwell,  Ray,  Daviess  and  Har- 
rison. 

Fifth  District — The  counties  of  Livingston,  Orundy,  Mercer  and 
CarroU. 

Sixth  District — The  counties  of  Linn,  Sullivan,  Putnam  and 
Chariton. 

Seventh  District — The  counties  of  Randolph,  Howard  and  Monroe. 

Eighth  District — The  counties  of  Adair,  Macon  and  Schuyler. 

Ninth  District — The  counties  of  Audrain,  Boone  and  CaUaway. 

Tenth  District — The  counties  of  St.  Charles  and  Warren. 

Eleventh  District — The  counties  of  Pike,  Lincoln  and  Montgomery. 

Twelfth  District — The  counties  of  Lewis,  Clark,  Scotland  and  Knox. 

Thirteenth  District — The  counties  of  Marion,  Shelby  and  Polk. 

Fourteenth  District — The  counties  of  Bates,  Cass  and  Henry. 

Fifteenth  District — The  county  of  Jackson. 

Sixteenth  District — The  counties  of  Vernon,  Barton,  Jasper,  New- 
ton and  McDonald. 
266]       Seventeenth  District — The  counties  of  Lafayette  and  Johnson. 


380  JOURNAL  OF  THE  MISSOURI 

Eighteenth  District — The  oounties  of  Greene,  Lawrence,  Barry, 
Stone  and  Christian. 

Nineteenth  District — The  counties  of  Saline,  Pettis  and  Benton. 

Twentieth  District — The  counties  of  Polk,  Hickory,  Dallas,  Dade, 
Cedar  and  St.  Clair. 

Twenty-first  District — The  counties  of  Laclede,  Webster,  Wright, 
Texas,  Douglas,  Taney,  Ozark  and  Howell. 

Twenty-second  District — The  counties  of  Phelps,  Osage,  Miller, 
Maries,  Camden,  Pulaski  and  Crawford. 

Twenty-third  District — The  counties  of  Washington,  Jefferson,  St. 
Francois,  Ste.  Genevieve  and  Perry. 

Twenty-fourth  District — The  counties  of  Iron,  Madison,  Bollinger, 
Wayne,  Butler,  Reynolds,  Carter,  Ripley,  Oregon,  Shannon  and  Dent. 

Twenty-fifth  District — The  counties  of  Franklin  and  Gasconade. 

Twenty-sixth  District — The  counties  of  Cape  Girardeau,  Mississippi, 
New  Madrid,  Pemiscot,  Dunklin,  Stoddard  and  Scott. 

Twenty-seventh  District — Cooper,  Moniteau,  Morgan  and  Cole. 

St.  Louis,  seven  districts,  numbered  respectively  as  follows:  Twenty- 
eight,  Twenty-nine,  Thirty,  Thirty-one,  Thirty-two,  Thirty-three  and 
Thirty-four. 

And  the  Committee  further  reports  as  a  proviso  to  be  added  to  Sec- 
tion seven  of  this  article  as  follows: 

Provided,  That  if  at  any  time  or  from  any  cause,  the  General  As- 
sembly shall  fail  or  refuse  to  district  the  State  for  Senators,  as  required 
in  this  section,  it  shall  be  the  duty  of  the  Governor,  Secretary  of  State 
and  Attorney-General  to  perform  said  duty,  and  to  file  in  the  office  of 
said  Secretary  of  State  a  full  statement  of  the  said  districts  formed  by 
them  and  signed  by  them  officially  and  attested  by  the  Great  Seal  of  State 
including  the  names  of  the  counties  embraced  in  each  district  and  the 
members  of  said  district  and  upon  the  proclamation  of  the  Governor 
the  same  shall  be  as  binding  and  effectual  as  if  done  by  the  General 
Assembly. 

E.   H.   Norton,   Chairman. 

which  was  read  and  on  motion  laid  over  informally  and  one 
hundred  fifty  copies  ordered  printed. 

Mr.  Dysart  presented  a  petition  from  the  members  of 
267]  the  Macon  county  bar  in  relation  to  creating,  by  con- 
stitutional provision,  a  system  of  common  pleas  courts  by 
judicial  districts  to  have  original  jurisdiction  of  all  probate 
business  and  such  further  jurisdiction  as  may  seem  proper, 
which  was  read  and  on  motion  referred  to  the  Committee 
on  Judicial  Department. 

Mr.  Switzler  offered  the  following  as  an  additional  rule 
to  the  standing  rules  of  the  Convention: 


CONSTITUTIONAL  CONVENTION,   1875       381 

That  each  speaker  be  limited  to  ten  minutes,  unless,  on  leave  of  a 
majority  of  the  Convention,  the  time  is  extended. 

which  was  read  and  laid  over  under  the  rules. 

Mr.  Wallace  presented  a  petition  from  the  taxpayers 
of  Miami  township.  Saline  county,  in  relation  to  the  re- 
duction of  taxes  and  especially  the  tax  for  the  support  of 
public  schools,  which  was  read  and  on  motion  referred  to  the 
Committee  on  Education. 

The  Convention  resumed  the  consideration  of  the  re- 
port of  the  Committee  on  Representation,  Representative 
and  Senatorial  Districts  pending  at  adjournment. 

Mr.  Bradfield  moved  to  reconsider  the  vote  by  which 
Section  four  was  adopted,  which  was  agreed  to. 

Mr.  Bradfield  offered  the  following  substitute  for  Sec- 
tion four: 

The  Senate  shall  consist  of  thirty-four  members  to  be  chosen  by 
the  qualified  voters  of  their  respective  districts  for  four  years;  for  the 
election  of  whom  the  State  shall  be  divided  into  convenient  districts  as 
nearly  equal  in  population  as  may  be,  the  same  to  be  ascertained  by  the 
last  decennial  census  taken  by  the  United  States. 

which  was  read. 

Mr.  Spaunhorst  offered  the  following  amendment  to  the 
substitute: 

Amend  the  substitute  by  striking  out  the  word  "whom"  and  insert 
in  lieu  thereof  the  word  "Senators." 

which  was  read  and  agreed  to. 

The  substitute  as  amended  was  adopted. 

The  question  recurring  on  the  adoption  of  Section  four 
as  amended  by  the  substitute,  it  was  adopted. 

Section  six  was  then  read  and,  on  motion  of  Mr.  Spaun- 
horst, rejected. 

Section  seven  was  read. 

Mr.  Bradfield  offered  the  following  amendment  to  Sec- 
tion seven: 

268]  Amend  Section  seven  by  adding  the  following  words:  ''Pro- 
vided, That  if  at  any  time  or  from  any  cause  the  General  Assembly  shall 
fail  or  refuse  to  district  the  State  for  Senators,  as  required  in  this  Section, 
it  shall  be  the  duty  of  the  Governor,  Secretary  of  State,  and  Attorney- 
General,  within  thirty  days  after  the  adjournment  of  the  General  As- 


382  JOURNAL  OF  THE  MISSOURI 

sembly  on  which  such  duty  devolves,  to  perform  the  said  duty  and  to  file 
in  the  oflQce  of  the  Secretary  of  State,  a  full  statement  of  the  districts 
formed  by  them,  including  the  names  of  the  counties  embraced  in  each 
district  and  the  number  of  same,  said  statement  to  be  signed  by  them  and 
attested  by  the  Great  Seal  of  the  State  and  upon  the  proclamation  of  the 
Governor  the  same  shall  be  as  binding  and  effectual  as  if  done  by  the  Gen- 
eral Assembly." 

which  was  read  and  agreed  to. 

Section  seven  as  amended  was  then  adopted. 

Section  eight  was  read. 

Mr.  Pulitzer  offered  the  following  amendment  to  Sec- 
tion eight: 

Amend  by  striking  out  the  word  "Greene"  in  the  sixth  line. 

which  was  read  and  rejected. 

Section  eight  was  then  adopted. 

Section  nine  was  read  and  adopted. 

Section  ten  was  read. 

Mr.  Wallace  offered  the  following  amendment  to  Sec- 
tion ten: 

Amend  Section  ten  by  adding  thereto  the  following:  "Provided, 
however,  that  the  Senate  as  now  constituted  shall  so  remain  until  the 
meeting  of  the  regular  session  of  the  General  Assembly  after  the  general 
election  in  the  year  eighteen  hundred  and  seventy-six." 

which  was  read  and  rejected. 

Mr.  Shanklin  offered  the  following  amendment  to  Sec- 
tion ten: 

Amend  Section  ten  by  striking  out  after  the  words,  "Eighteen  hun- 
dred and  seventy-six,"  in  the  second  line  down  to  and  including  the  word 
"class"  in  the  fourth  line  and  insert  in  lieu  thereof  the  following:  "When 
the  whole  number  of  Representatives  and  the  Senators  from  the  dis- 
tricts having  odd  numbers  (who  shall  compose  the  first  class)  shall  be 
chosen." 

which  was  read  and  agreed  to. 

Section  ten  as  amended  was  then  adopted. 

Section  eleven  was  read  and  on  motion  laid  over  in- 
formally. 

269]  Section  two,  passed  over  informally  yesterday,  was 
taken  up,  with  pending  amendment  offered  by  Mr.  Gott- 
schalk. 


CONSTITUTIONAL  CONVENTION,   1875       383 

Mr.  Gottschalk,  by  unanimous  consent  of  the  Conven- 
tion, withdrew  his  amendment. 

Mr.  Gantt  offered  the  following  substitute  for  Section 

two: 

When  any  county  shall  be  entitled  to  more  than  one  Representative 
the  county  court  shall  cause  such  county  to  be  subdivided  into  districts 
corresponding  in  number  to  the  Representatives  to  which  such  county 
is  entitled,  and  in  population  as  nearly  equal  as  may  be,  in  each  of  which 
the  qualified  voters  shall  elect  one  Representative  who  shall  be  a  resident 
of  such  district:  Provided,  That  when  any  county  shall  be  entitled  to 
more  than  ten  Representatives  the  circuit  court  shall  cause  such  county 
to  be  subdivided  into  districts,  so  as  to  give  each  district  not  less  than 
two  nor  more  than  four  Representatives,  who  shall  be  residents  of  such 
districts;  the  population  of  the  districts  to  be  apportioned  to  the  number 
of  Representatives  to  be  elected  therefrom. 

which  was  read. 

Mr.  Massey  ofYered  the  following  amendment  to  the 
substitute: 

And  -provided  iurther  that  no  voter  shall  be  allowed  to  vote  for 
more  than  one  Representative  at  the  same  election. 

which  was  read  and  rejected. 

Mr.  Shields  offered  the  following  amendment  to  Sec- 
tion two: 

Amend  Section  two  as  follows:  Strike  out  the  word  "county"  in 
the  seventh  line  and  insert  the  word  "circuit"  in  lieu  thereof,  and  insert 
after  the  word  "district"  in  the  ninth  line  the  words,  "which  said  dis- 
tricts shall  contain  a  population  proportionate  to  the  number  of  members 
to  be  therein  elected." 

which  was  read  and  agreed  to. 

Mr.  McCabe  offered  the  following  amendment  to  the 
substitute: 

Amend  by  inserting  after  the  word  "districts"  in  line  four  the  words, 
."of  compact  and  contiguous  territory." 

which  was  read  and  agreed  to. 

On  motion  of  Mr.  Gottschalk,  leave  of  absence  was 
granted  Messrs.  Eitzen  and  Pulitzer. 

On  motion  of  Mr.  Bradfield,  leave  of  absence  was 
270]  granted  to  Mr.  Lackland. 

On  motion  of  Mr.  Shanklin,  leave  of  absence  was 
granted  Mr.  Allen. 


384 


JOURNAL  OF  THE  MISSOURI 


On  motion  of  Mr.  Rippey,  leave  of  absence  was  granted 
Mr.  Spaunhorst. 

On  motion  of  Mr.  McKillop,  leave  of  absence  was 
granted  Mr.  Johnston  of  Nodaway. 

On  motion  of  Mr.  Farris,  leave  of  absence  was  granted 
Mr.  Holliday. 

On  motion  of  Mr.  Brockmeyer,  leave  of  absence  was 
granted  Mr.  Edwards  of  St.  Louis. 

On  motion  of  Mr.  Alexander,  leave  of  absence  was 
granted  Mr.  Conway. 

Mr.   Massey  offered  the  following  amendment  to  the 

substitute: 

And  provided  jurther,  that  every  voter  in  the  State  be  permitted  to 
vote  for  the  same  number  of  persons  to  the  House  of  Representatives 
as  allowed  in  St.  Louis  or  any  other  county  by  this  section. 

which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  was  rejected  by  the  following  vote: 


Massey 


AYES 


NOES 


Alexander 

Edwards 

Hyer 

Nickerson 

Taylor 

Black 

of  Iron 

Johnson 

Priest 

of  Jasper 

Boone 

Farris 

of  Cole 

Ray 

Taylor 

Bradfield 

Fyan 

Lay 

Rider 

of  St.  Louis 

Brockmeyer 

Gantt 

Letcher 

Rippey 

Wagner 

Carleton 

Gottschalk 

Mabrey 

Roberts 

Wallace 

Chrisman 

Hale 

Maxey 

Rucker 

Watkins 

Cottey 

Halliburton 

McAfee 

Shackelford 

Mr.  President 

Dysart 

Hammond 

McCabe 

Shanklin 

43 

Hardin 

McKillop 
ABSENT 

Shields 

Crockett 

Mortell 

Ross 

Ross 

Switzler          8 

Davis 

Mudd 

of  Morgan 

of  Polk 

McKee 

ABSENT  WITH  LEAVE 

Adams 

Conway 

Edwards 

Johnston 

Pulitzer 

Allen 

Crews 

of  St.  Louis 

of  Nodaway 

Spaunhorst 

Broadhead 

Dryden 

Eitzen 

Lackland 

Todd             15 

Holliday 
SICK 


Pipkin 


Norton 


CONSTITUTIONAL  CONVENTION,   1875       385 


The  question  recurring  on  the  adoption  of  the  substi- 
tute as  amended,  the  ayes  and  noes  being  demanded  by 
five  members,  the  substitute  was  adopted  by  the  following 
vote: 


271]  AlexanderEdwards 


Black 

Bradfield 

Brockmeyer 

Carleton 

Chrisman 

Cottey 

Dysart 


Boone 


Crockett 

Davis 

McKee 


Adams 

Allen 

Broadhead 


Norton 


of  Iron 
Farris 
Fyan 
Gantt 
Gottschalk 
Hale 
Hardin 
Hyer 


AYES 

Johnson 

of  Cole 
Lay 
Letcher 
Mabrey 
Maxey 
McAfee 
MeCabe 
McKillop 


Nickerson 

Priest 

Ray 

Rider 

Roberts 

Rucker 


Shields 
Taylor 

of  Jasper 
Taylor 

of  St.  Louis 
Watkins 


Shackelford      Mr.  President 


Shanklin 


37 


NOES 
Halliburton      Hammond        Massey 


Mortell 

Mudd 

Rippey 


ABSENT 

Ross 

of  Morgan 


Ross 
of  Polk 


Wallace 


Switzler 
Wagner 


10 


ABSENT  WITH  LEAVE 

Conway  Edwards  HoUiday  Pipkin 

Crews  of  St.  Louis  Johnston  Pulitzer 

Dryden  Eitzen  of  Nodaway  Spaunhorst 

Lackland  Todd  15 

SICK 


Section  two  as  amended  by  the  substitute  was  then 
adopted. 

Mr.  Black  from  the  Committee  on  Boundaries  and 
Political  Subdivisions  of  the  State  submitted  the  following 
report: 

REPORT  OF  COMMITTEE  ON  BOUNDARIES  AND  POLITICAL 
SUBDIVISIONS  OF  THE  STATE. 

ARTICLE 


BOUNDARIES 

The  boundaries  of  the  State  as  now  established  are  hereby  satisfied 
and  confirmed.     The  State  shall  have  concurrent  jurisdiction  on  the 

13 


386  JOURNAL  OF  THE  MISSOURI 

river  Mississippi,  and  every  other  river  bordering  on  the  State,  so  far 
as  the  said  rivers  shall  form  a  common  boundary  to  this  State  and  any 
other  state  or  states;  and  the  river  Mississippi  and  the  navigable  rivers 
and  waters  leading  to  the  same  shall  be  common  highways  and  forever 
free  to  the  citizens  of  this  State  and  of  the  United  States  without  any  tax, 
duty,  import  or  toll  therefor,  imposed  by  this  State. 

ARTICLE 


COUNTIES,  CITIES,  AND  TOWNS 

Section  1.  The  several  counties  of  this  State  as  they  now  exist  are 
herebj'  recognized  as  legal  subdivisions  of  the  State. 

Section  2.  The  General  Assembly  shall  have  no  power  to  remove 
the  countj^  seat  of  any  countj',  but  the  removal  of  county  seats  shall  be 
272]  provided  for  by  general  law;  and  no  county  seat  shall  be  removed 
unless  two-thirds  of  the  qualified  voters  of  the  county,  voting  on  the  prop- 
osition at  a  general  election,  shall  vote  therefor;  and  no  such  proposition 
shall  be  oftener  submitted  than  once  in  five  years.  No  compensation 
or  indemnity  for  real  estate  or  the  improvements  thereon,  affected  by 
such  removal,  shall  be  allowed. 

Section  3.  The  General  Assembly  shall  have  no  power  to  establish 
any  new  county  with  a  territory  of  less  than  five  hundred  square  miles, 
or  with  a  population  less  than  the  ratio  of  representation  existing  at  the 
time,  nor  to  reduce  any  county  now  established  to  less  than  that  area  or 
to  a  less  population  than  such  ratio. 

Section  4.  No  county  shall  be  divided  or  have  any  part  stricken 
therefrom  or  added  thereto  without  submitting  the  question  to  a  vote 
of  the  people  of  the  county;  nor  unless  a  majority  of  all  the  qualified  voters 
of  the  county  or  counties  thus  affected,  voting  on  the  question  shall  vote 
therefor.  When  a  new  county  is  established  it  shall  be  holden  for  and 
obliged  to  pay  its  proportion  of  all  the  liabilities,  then  existing,  of  the 
county  or  counties  from  which  it  is  formed. 

Section  5.  No  county,  township,  city,  town  or  any  subdivision 
thereof  shall  hereafter  become  subscriber  to  the  capital  stock  of  any 
railroad  or  private  corporation,  or  make  donation  to,  or  loan  its  credit 
to,  or  in  aid  of  any  such  corporation. 

Section  6.  The  General  Assembly  shall  provide  bj^  general  laws  for 
the  organization  and  classification  of  cities  and  towns.  The  number  of 
such  classes  shall  not  exceed  four  and  the  powers  of  each  class  shall 
be  defined  by  general  law,  so  that  all  such  municipal  corporations  of  the 
same  class  shall  possess  the  same  powers  and  be  subject  to  the  same  re- 
strictions. 

Section  7.  The  General  Assembly  shall  pass  no  local  or  special 
law  incorporating  any  city,  town  or  village,  or  changing,  altering  or 
amending  the  charter  of  any  city,  town  or  village,  but  the  General 
Assembly  shall  make  provision  by  general  law  whereby  any  city,  town 
273]  or  village,  existing  by  virtue  of  any  special  or  local  law  may  elect 
to  become  subject  to  and  governed  by  the  general  laws  relating  to  such 
corporations. 

F.  M.  Black,  Chairrnan. 


CONSTITUTIONAL  CONVENTION,   1875        387 

which  was  read  and  on  motion  laid  over  informally  and  one 
hundred  and  fifty  copies  ordered  printed. 

The  President  laid  the  following  communication  before 
the  Convention: 

Columbia,  Mo.,  June  18,  1875. 
To  the  Hon.  Waldo  P.  Johnson, 

President  of  the  Constitutional  Convention,  State  oj  Missouri. 

Sir: 

I  desire  through  you  to  extend  an  invitation  to  the  honorable  body 
over  which  you  preside,  to  visit  the  University  of  the  State,  and  examine 
its  condition;  and  especially  to  be  present  at  the  commencement  which 
takes  place  on  Thursday,  the  24th  inst.,  the  exercises  beginning  at  9 
o'clock  a.  m. 

I  need  not  add  that  the  presence  of  such  a  body  as  the  Convention, 
assembled  for  the  highest  object  of  the  State,  would  be  regarded  as  a 
most  interesting  event,  and  have  an  inspiring  influence  upon  the  young 
men  of  the  State  engaged  in  a  course  of  education. 

With  the  highest  respect,  I  have  the  honor  to  be  your  obedient 
servant,  Daniel  Read. 

Mr.  McAfee  offered  the  following  resolution:  - 

Resolved,  That  the  thanks  of  the  Convention  be  tendered  to  the 
President  of  the  State  University,  for  his  letter  of  invitation  just  read, 
and  the  members  hereby  express  their  regret  that  their  duties  preclude 
them  from  availing  themselves  of  the  pleasure  of  accepting  the  same. 

which  was  read  and  adopted. 

On  motion  of  Mr.  Shields  the  Convention  adjourned 
until  Monday  at  9  o'clock  a.  m. 


274]  MONDAY,  JUNE  21,  1875 

MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  journal  of  Saturday  was  read  and  approved. 

Mr.  Shankiin,  from  the  Committee  on  Boundaries 
and  Political  Subdivisions  of  the  State,  submitted  the  fol- 
lowing views  of  the  minority  of  said  Committee  and  recom- 
mended the  adoption  of  the  accompanying  amendment 
to  the  majority  report  of  the  Committee: 


388  JOURNAL  OF  THE  MISSOURI 

Mr.  President: 

The  undersigned,  a  minority  of  the  Committee  on  Boundaries  and 
Political  Subdivisions  of  the  State,  have  been  unable  to  concur  with  a 
majority  of  the  Committee  in  respect  to  the  limitations  upon  the  Gen- 
eral Assembly,  in  organizing  new  counties.  On  some  of  the  leading  rail- 
roads of  the  State  populous  towns  have  sprung  up  which  are  centers  of 
large  and  rapidly  growing  agricultural  districts  of  country,  all  situated 
at  su^ch  great  distances  from  any  county  seat,  as  to  make  their  business 
necessarih^  done  at  the  county  seat,  exceedingly  expensive.  While  we  are 
of  the  opinion  that  no  provision  ought  to  be  made  which  would  result  in 
the  formation  of  any  considerable  number  of  new  counties,  yet,  we  re- 
spectfully insist  that  where  there  is  a  territory,  say  of  four  hundred 
square  miles,  containing  a  population  of  one  representative  ratio  whose 
population  by  a  two-third  vote  desire  the  formation  of  a  new  county  by 
so  doing  the  territory  of  said  adjoining  counties  would  not  be  from  ter- 
ritory of  adjoining  counties  whereby  reduced  below  four  hundred  square 
miles,  or  below  one  ratio  of  population,  and  when  the  formation  of  such 
territory  into  a  county  would  not  reduce  any  county  so  that  any  of  its 
lines  would  run  within  ten  miles  of  any  established  county  seat,  such 
territory  ought  to  be  organized  into  a  county.  Entertaining  these  views 
we  respeetf  uUj^  submit  the  section  below  as  a  substitute  for  Sections  three 
and  four  of  the  report  of  the  majority. 

Respectfully  submitted, 
J.  H.  Shanklin, 
John  F.  Rucker. 

275]  No  new  county  shall  be  established  with  a  territory  of  less  than 
four  hundred  square  miles,  or  with  a  population  less  than  the  ratio  of 
representation  existing  at  the  time,  nor  shall  any  county  as  now  estab- 
lished be  reduced  to  less  than  that  or  to  less  than  that  number  of  inhabi- 
tants, nor  shall  any  new  county  be  formed  unless  two-thirds  of  the  quali- 
fied voters  within  the  district  composing  the  limits  of  such  proposed  new 
county,  voting  at  an  election  held  for  that  purpose,  shall  vote  therefor: 
nor  shall  any  new  county  be  established,  any  line  of  which  shall  run 
within  ten  miles  of  the  then  existing  county  seat  of  any  county.  In  all 
cases  of  the  establishment  of  any  new  county,  the  new  county  shall  be 
held  for  and  obliged  to  pay  its  rateable  proportion  of  all  the  liabilities 
then  existing  of  the  county  or  counties  from  which  said  new  county  shall 
be  formed. 

which  was  read  and  on  motion  laid  over  informally  and  one 
hundred  and  fifty  copies  ordered  printed  with  the  report 
of  the  Committee. 

The  Convention  resumed  the  consideration  of  the  report 
of  the  Committee  on  Representation,  Representative  and 
Senatorial  Districts  pending  at  adjournment. 

On  motion  of  Mr.  Norton,  the  further  consideration  of 
the  report,  together  with  the  report  of  the  Committee  Re- 


CONSTITUTIONAL  CONVENTION,   1875       3'89 


districting  the  State  into  Senatorial  Districts  was  post- 
poned and  made  the  special  order  for  Wednesday,  June  23, 
1875,  at  9  o'clock  a.  m. 

Mr.  Todd  presented  a  petition  from  the  St.  Louis 
Medical  Society  in  relation  to  making  constitutional  pro- 
vision for  such  legislation  as  may  be  required  to  establish 
and  maintain  at  public  expense  an  institution  for  the  care 
and  training  of  feeble-minded  children,  which  was  read  and 
on  motion  referred  to  the  Committee  on  Miscellaneous 
Provisions. 

Mr.  Priest  called  up  the  resolution  offered  by  Mr. 
Switzler  on  Saturday  as  an  additional  rule  to  the  standing 
rules  of  the  Convention. 

Mr.  Shields  offered  the  following  amendment  to  the 
resolution: 

Amend  by  striking  out  the  word  "ten"  and  insert  in  lieu  thereof 
the  word  "fifteen." 

which  was  read  and  agreed  to. 

The  question  recurring  on  the  adoption  of  the  rule  as 
276]  amended,  and  the  ayes  and  noes  being  demanded  by 
five  members,  the  resolution  as  amended  was  adopted  by 
the  following  vote: 

AYES 


Alexander 

Edwards 

Massey 

Rippey          Shanklin 

Boone 

of  Iron 

Maxey 

Roberts         Switzler 

Carleton 

Eitzen 

McAfee 

Ross               Taylor 

Chrisman 

Farris 

McKee 

of  Morgan     of  Jasper 

Cottey 

Fyan 

McKillop 

Ross               Wagner 

Crockett 

Gottschalk 

Nickerson 

of  Polk      Wallace 

Dysart 

Hale 

Norton 

Rucker          Watkins 

Hyer 


Priest 


Shackelford  Mr.  President  35 


Bradfield 
Brockmeyer 
Davis 
Gantt 


Halliburton 
Hammond 
Hardin 
Holliday 


NOES 

Johnson 

of  Cole 
Mabrey 
McCabe 


Mudd 
Ray 
Rider 
Shields 


Taylor 

of  St.  Louis 
Todd  17 


Lay 


Letcher 


ABSENT 
Mortell 


Adams 

Black 

Allen 

Conway 

Broadhead 

Crews 

390  JOURNAL  OF  THE  MISSOURI 

ABSENT  WITH  LEAVE 

Dryden  Johnston  Pipkin 

Edwards  of  Nodaway  Pulitzer 

of  St.  Louis  Lackland  Spaunhorst  13 

On  motion  of  Mr.  Farris  the  report  of  the  Committee 
on  Judicial  Department  was  taken  up. 

Section  one  was  read. 

Mr.  Farris  offered  the  following  amendment  to  Section 
one: 

Amend  Section  one  by  striking  out  all  after  the  word  "in"  in  the 
fourth  line  and  insert  the  following:  "one  appellate  court  in  the  city 
of  St.  Louis  inferior  to  the  Supreme  Court  as  is  hereinafter  provided  for." 

which  was  read. 

Mr.  Farris,  by  unanimous  consent  of  the  Convention, 
withdrew  his  amendment. 

Mr.  Halliburton  offered  the  following  amendment  to 
Section  one: 

Amend  Section  one  by  striking  out  all  after  the  word  "courts'' 
where  it  first  occurs  in  the  fourth  line. 

which  was  read. 

Mr.  Dysart  offered  the  following  substitute  for  Section 
one  of  the  report  of  the  Committee: 

Section  1.  The  judicial  power  of  the  State  shall  be  vested  in  a 
Supreme  Court,  appellate  courts,  circuit  courts,  county  courts,  justices 
of  the  peace,  and  such  police  courts,  inferior  to  the  circuit  courts,  as  may 
be  established  by  the  Legislature  for  towns. 

277]  which  was  read. 

The  question  recurring  on  agreeing  to  the  amendment 
offered  by  Mr.  Halliburton  to  Section  one,  it  was  rejected. 

Mr.  Johnson  of  Cole  moved  that  the  further  considera- 
tion of  Section  one  and  pending  amendments  be  laid  over 
informally,  which  was  agreed  to. 

Section  two  was  then  read  and  adopted. 

Section  three  was  read. 

Mr.  Shields  offered  the  following  amendment  to  Sec- 
tion three: 

Amend  Section  three  by  striking  out  the  words  "without  a  jury" 
in  the  fourth  line. 

which  was  read. 


CONSTITUTIONAL  CONVENTION,   1875        391 

Five  members  demanding  the  ayes  and  noes,  the  amend- 
ment was  agreed  to  by  the  following  vote: 

AYES 


Alexander 

Edwards 

Johnson 

Mudd 

Switzler 

Boone 

of  Iron 

of  Cole 

Priest 

Todd 

Bradfield 

Farris 

Mabrey 

Rider 

Wallace 

Broekmeyer 

Fyan 

McAfee 

Roberts 

Watkins 

Cottey 

Halliburton 

McKee 

Shanklin 

Mr.  President 

Crockett 

HoUiday 

McKillop 

Shields 

28 

Davis 

NOES 

Carleton 

Gottschalk 

Lay 

Norton 

Taylor 

Chrisman 

Hale 

Letcher 

Rippey 

of  Jasper 

Dysart 

Hammond 

Massey 

Ross 

Taylor 

Eitzen 

Hardin 

MeCabe 

of  Polk 

of  St.  Louis 

Gantt 

Hyer 

Nickerson 
ABSENT 

Shackelford 

Wagner         22 

Maxey 

Mortell 

Ray 

Ross 

of  Morgan 

Rucker             5 

Adams 

Broadhead 

AUen 

Conway 

Black 

Crews 

ABSENT  WITH  LEAVE 

Dryden  Johnston  Pipkin 

Edwards  of  Nodaway  Pulitzer 

of  St.  Louis  Lackland  Spaunhorst  13 

Mr.  Shanklin  offered  the  following  amendment  to  Sec- 
tion three: 

Amend  Section  three  by  striking  out  the  word  "tribunals"  in  the 
second  line  and  insert  the  words,  "courts  of  law,"  in  lieu  thereof. 

which  was  read  and  agreed  to. 

The  question  then  recurring  on  the  adoption  of  Section 
three  as  amended,  it  was  adopted. 

Section  four  was  read. 

Mr.  Letcher  offered  the  following  amendment  to  Sec- 
tion four: 

278]         Amend  Section  four  by  striking  out  the  word  "ten"  in  the  first 
line  and  inserting  in  lieu  thereof  the  word  "six." 

which  was  read. 

Mr.  Ross  of  Polk  moved  that  Section  four  and  pending 
amendments  be  laid  over  informally,  which  was  not  agreed 
to. 


392  JOURNAL  OF  THE  MISSOURI 

Mr. .  Dysart  offered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Letcher: 

Amend  the  amendment  by  substituting  for  the  word  "six"  the  word 
"twelve." 

which  was  read  and  rejected. 

The  question  recurring  on  agreeing  to  the  amendment 
offered  by  Mr.  Letcher,  it  was  rejected. 

Mr.  Gantt  offered  the  following  amendment  to  Section 
four: 

Amend  Section  four  by  striking  out  the  second  and  third  lines  and 
insert  in  lieu  thereof  the  following:  "The  judge  whose  commission  is  the 
oldest  shall  be  the  presiding  judge  of  the  court." 

which  was  read. 

Mr.  Johnson  of  Cole  offered  the  following  amendment 
to  the  amendment: 

Provided,  If  there  be  two  or  more  judges  holding  commissions  of  the 
same  date,  one  of  them  who  has  been  a  member  of  the  Missouri  bar  the 
longest  shall  preside. 

which  was  read  and  rejected. 

Mr.  Todd  offered  the  following  amendment  to  Section 
four: 

Amend  by  striking  out  the  last  two  lines  and  inserting  these  words: 
"The  judge  holding  the  oldest  license  to  practice  in  the  courts  of  the 
State  shall  be  the  presiding  judge  of  the  court." 

which  was  read. 

The  question  being  on  agreeing  to  the  amendment  of- 
fered by  Mr.  Gantt,  it  was  rejected. 

The  question  recurring  on  agreeing  to  the  amendment 
offered  by  Mr.  Todd,  it  was  rejected. 

Mr.  Ross  of  Polk  offered  the  following  amendment  to 
Section  four: 

Amend  by  adding:  "Provided,  This  shall  not  apply  to  a  judge  elected 
279.]  or  appointed  to  fill  a  vacancy." 

which  was  read  and  rejected. 

Mr.  Johnson  of  Cole  offered  the  following  amendment 
to  Section  four: 

Amend  by  striking  out  the  words,  "the  shortest  time  to  serve,"  in 
the  second  line  and  insert  "serve  the  longest  time." 

which  was  read  and  rejected. 


CONSTITUTIONAL  CONVENTION,   1875       393 

Mr.  Shields  offered  the  following  substitute  for  Section 
four: 

The  judges  of  the  Supreme  Court  shall  hold  office  for  the  term  of  ten 
years.  The  judge  oldest  in  commission  shall  be  the  Chief  Justice  of  the 
court;  and  if  there  be  more  than  one  commission  of  the  same  date  the 
court  may  select  the  Chief  Justice  from  the  judges  holding  the  same. 

which  was  read  and  adopted. 

Mr.  Ross  of  Polk  offered  the  following  amendment  to 

the  substitute: 

Amend  by  striking  out  the  word  "ten"  in  the  first  line  and  inserting 
in  lieu  thereof  the  word  "nine." 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  Section  four 
as  amended  by  the  substitute,  it  was  adopted. 

Section  five  was  read. 

Mr.  Roberts  offered  the  following  amendment  to  Sec- 
tion five: 

Amend  Section  five  by  striking  out  all  after  the  word  "elected"  and 
inserting  in  lieu  thereof  the  words,  "by  the  qualified  voters  of  the  State." 

which  was  read. 

Mr.  Ross  of  Polk  offered  the  following  substitute  for 
Section  five  and  pending  amendment: 

The  Supreme  Court  shall  consist  of  three  judges,  a  majority  of  whom 
shall  constitute  a  quorum  to  transact  business,  and  the  said  judges  shall 
be  conservators  of  the  peace  throughout  the  State,  and  shall  be  elected 
from  separate  districts. 

which  was  read. 

Mr.  Switzler  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Education  have  leave  of  absence 
to  attend  the  commencement  exercises  at  the  State  University  at  Colum- 
bia, which  occurs  on  Thursday,  24th  inst. 

which  was  read  and  adopted, 

280]         On   motion  of   Mr.   Switzler,   the   Convention  ad- 
journed until  2  o'clock  p.  m. 


394  JOURNAL  OF  THE  MISSOURI 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

On  motion  of  Mr.  Rucker,  leave  of  absence  was  granted 
Mr.  Taylor  of  Jasper. 

The  Convention  resumed  the  consideration  of  the 
amendment  offered  by  Mr.  Roberts  to  Section  five  of  the 
report  of  the  Committee  on  Judicial  Department  pending 
at  adjournment. 

Mr.  Hale  moved  that  Sections  five,  six,  seven,  eight  and 
nine,  with  pending  amendments,  be  laid  over  informally, 
which  was  agreed  to. 

Section  ten  was  read. 

Mr.  Dysart  offered  the  following  amendment  to  Sec- 
tion ten: 

Amend  Section  ten  by  striking  out  all  before  the  word  "No"  in  the 
first  line. 

which  was  read  and  rejected. 

Mr.  Johnson  of  Cole  offered  the  following  amendment 
to  Section  ten: 

Amend  by  adding  the  words,  "unless,  upon  a  presentation  of  a  copy 
of  the  record,  the  Supreme  Court  shall  allow  the  same." 

which  was  read  and  agreed  to. 

Mr.  Lay  offered  the  following  amendment: 

Amend  Section  ten  by  striking  out  all  after  the  words,  "Section  ten," 
in  the  first  line. 

which  was  read. 

The  Chair  stated  that  this  was  the  same  as  a  motion 
to  reject  and  would  come  upon  the  motion  to  adopt  the 
section. 

The  question  recurring  on  the  adoption  of  Section  ten 
as  amended,  and  the  ayes  and  noes  being  demanded  by  five 
members,  it  was  rejected  by  the  following  vote: 

AYES 

Bradfield  Brockmej'er      Chrisman  Crews  Eitzen 

Broadhead        Carleton  Cottey  Dysart  Gantt 


CONSTITUTIONAL  CONVENTION,   1875       395 


Hale 

Letcher 

Ross 

Switzler 

Todd 

Hammond 

McCabe 

of  Polk 

Taylor 

Wagner 

Hyer 

Ray 

Shields 

of  St.  Louis 

Mr.  President 

Johnson 

Rippey 

25 

of  Cole 

NOES 

Alexander 

Fyan 

Lay 

McKillop 

Rider 

Boone 

Gottsehalk 

Mabrey 

Mudd 

Roberts 

Crockett 

Halliburton 

Maxey 

Nickerson 

Shackelford 

Edwards 

Hardin 

McAfee 

Norton 

Wallace 

of  Iron 

HoUiday 

McKee 

Priest 

Watkins        25 

Farris 

ABSENT 

281]  Davis 

Mortell 

Ross 

Rucker 

Shanklin          6 

Massey 

of  Morgan 

ABSENT  WITH  LEAVE 

Adams 

Dryden 

Johnston 

Pipkin 

Taylor 

Allen 

Edwards 

of  Nodaway 

Pulitzer 

of  Jasper  12 

Black 

of  St.  Louis 

Lackland 

Spaunhorst 

Conway 

On  motion  of  Mr.  Hammond  the  Convention  adjourned 
until  tomorrow,  at  9  o'clock  a.  m. 


TUESDAY,  JUNE  22,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  the  Rev.  C.  C.  Woods. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Switzler  presented  a  memorial  from  Messrs.  Nor- 
man J.  Colman,  John  LaDue  and  Jas.  S.  Rollins,  ap- 
pointed as  a  committee  by  the  Board  of  Curators  of  the 
University  of  the  State  of  Missouri  in  relation  to  the  inter- 
ests of  the  State  University,  and  recommended  that  there  be 
set  aside  by  the  organic  law  of  the  State  such  competent 
endowment  as  shall  place  the  University  of  the  State  upon 
a  permanent  substantial  basis  and  afford  it  the  means  of 
progress  and  enlargement,  which  was  read. 


396  JOURNAL  OF  THE  MISSOURI 

The  Convention  resumed  the  consideration  of  the  report 
of  the  Committee  on  Judicial  Deparment  pending  at  ad- 
journment. 

Section  eleven  was  read. 

Mr.  Johnson  of  Cole  offered  the  following  amendment 
to  Section  eleven: 

Amend  Section  eleven  by  striking  out  all  after  the  word  "law"  in 
the  second  line  and  insert  the  following:  "shall  be  held  on  the  first 
Mondaj^  in  September  of  each  year." 

which  was  read  and  rejected. 

Mr.  Taylor  of  St.  Louis  offered  the  following  substitute 
for  Section  eleven  as  reported  by  the  Committee: 

Strike  out  Section  eleven  and  insert  in  lieu  thereof  the  following: 
"The  Supreme  Court  shall  be  held  at  Jefferson  City  and  at  St.  Louis, 
at  such  times  as  may  be  prescribed  by  law." 

which  was  read. 

282]  Mr.   Roberts  offered  the  following  amendment  to 

the  substitute  offered  by  Mr.  Taylor  of  St.  Louis: 

Amend  by  inserting  "St.  Joseph"  after  the  word  "St.  Louis." 

which  was  read. 

Mr.  Hammond  offered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Roberts: 

Amend  by  adding  after  the  word  "St.  Joseph"  the  word  "Bruns- 
wick." 

which  was  read. 

Mr.  Taylor  of  St.  Louis,  by  unanimous  consent  of  the 
Convention,  withdrew  his  substitute  for  Section  eleven. 

Messrs.  Roberts  and  Llammond,  by  unanimous  consent 
of  the  Convention,  withdrew  their  amendments. 

The  question  recurring  on  the  adoption  of  Section  eleven, 
it  was  adopted. 

Mr.  Spaunhorst  in  the  chair. 

Section  twelve  was  read  and  adopted. 

Section  thirteen  was  read. 

Mr.  Boone  moved  that  Section  thirteen  be  passed  over 
informally,  which  was  agreed  to. 

Section  fourteen  was  read. 


CONSTITUTIONAL  CONVENTION,   1875       397 

Mr.  Gantt  offered  the  following  amendment  to  Sec- 
tion fourteen: 

Section  14.  Strike  out  all  after  "county"  in  line  six  and  insert 
"Appeals  shall  be  from  the  decisions  of  said  St.  Louis  Court  of  Appeals 
to  the  Supreme  Court  and  writs  of  error  may  issue  from  the  Supreme 
Court  to  the  said  Court  of  Appeals  in  the  following  cases  only:  In  all 
cases  where  the  amount  claimed,  exclusive  of  costs,  exceeds  twenty-five 
hundred  dollars;  in  cases  involving  the  construction  of  the  Constitution 
of  the  State  or  the  revenue  laws  thereof,  or  the  title  to  any  office  under 
the  State;  in  cases  involving  the  title  to  real  estate;  in  cases  where  a 
county  or  other  political  subdivision  of  the  State  or  any  State  officer  is  a 
party  and  in  all  cases  of  felony." 

which  was  read  and  rejected. 

Mr.  Todd  offered  the  following  amendment  to  Section 
fourteen: 

Amend  Section  fourteen  by  adding  the  following  words:  "any  of 
which  eases  may  be  taken  to  the  Supreme  Court,  by  appeal,  or  writ  of 
error,  directly  from  the  circuit  court,  when  demanded  by  either  party, 
within  such  time  as  shall  be  prescribed  bj^  law  or  rule  of  court." 

283]  which  was  read  and  rejected. 

Mr.  Shields  offered  the  following  amendment  to  Sec- 
tion fourteen: 

Amend  Section  fourteen  by  striking  out  the  word  "claimed"  in  the 
eighth  line  and  insert  the  word  "dispute." 

which  was  read  and  agreed  to. 

Mr.  Dysart  offered  the  following  substitute  for  Section 
fourteen: 

The  State  shall  be  divided  into  two  judicial  appellate  districts,  to 
be  known  as  the  "Northern"  and  "Southern"  districts,  in  each  of  which 
three  judges,  residents  therein,  shall  be  elected  by  qualified  electors  thereof. 

which  was  read  and  rejected. 

On  motion  of  Mr.  Holliday,  leave  of  absence  was  granted 
Mr.  Farris. 

On  motion  of  Mr.  Johnston  of  Nodaway,  leave  of  ab- 
sence was  granted  Mr.  McKillop. 

The  question  recurring  on  the  adoption  of  Section  four- 
teen as  amended,  and  the  ayes  and  noes  being  demanded 
by  five  members,  the  section  as  amended  was  adopted  by 
the  following  vote: 


398 


JOURNAL  OF  THE  MISSOURI 


AYES 


Allen 

Eitzen 

Johnston 

Priest 

Shields 

Alexander 

Fyan 

of  Nodaway 

Ray 

Spaunhorst 

Boone 

Gantt 

Lay 

Rider 

Switzler 

Bradfield 

Gottschalk 

Mabrey 

Rippey 

Taylor 

Broadhead 

Hale    ■ 

Massey 

Roberts 

of  St.  Louis 

Chrisman 

Hammond 

McAfee 

Ross 

Wagner 

Cottey 

Hardin 

MeCabe 

of  Morgan 

Wallace 

Crockett 

Holliday 

McKee 

Ross 

Watkins 

Davis 

Hyer 

Mudd 

•      of  Polk 

Mr.  President 

Edwards 

Johnson 

Nickerson 

Shackelford 

47 

of  Iron 

of  Cole 

Norton 
NOES 

Shanklin 

Crews 

Dysart 

Halliburton 

Letcher 

Todd                5 

ABSENT 
Brockmeyer     Carleton  Maxey  Mortell 

ABSENT  WITH  LEAVE 

Adams  Dryden  Farris  Pipkin 

Black  Edwards  Lackland  Pulitzer 

Conway  of  St.  Louis  McKillop 


Rucker 


Taylor 

of  Jasper  11 


On   motion   of   Mr.    Fyan   the   Convention   adjourned 
until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  Convention  resumed  the  consideration  of  the  report 
of  the  Committee  on  Judicial  Department. 

Section  fifteen  was  read. 

Mr.  Gantt  ofTered  the  following  substitute  for  Section 
fifteen: 

284]  Strike  out  Section  fifteen  and  substitute  therefor  the  following: 
"At  the  first  general  election  after  the  adoption  of  this  Constitution,  three 
judges  of  said  court  shall  be  elected  by  the  qualified  voters  of  St.  Louis 
county,  who  shall  hold  their  office  for  twelve  years  from  the  first  day  of 
January  next  ensuing.  If  the  office  of  any  such  judge  shall  become  va- 
cant by  death,  resignation  or  otherwise,  the  Governor  shall  appoint  a 
suitable  person,  who  shall  hold  his  office  until  the  first  day  of  January 


CONSTITUTIONAL  CONVENTION,   1875       399 


following  the  first  general  election  after,  and  more  than  thirty  days  dis- 
tant from  the  occurrence  of  such  vacancy;  and  at  such  general  election  a 
judge  shall  be  elected  who  shall  hold  his  office  for  twelve  years  from 
the  first  day  of  January  thereafter.  These  judges  shall  be  residents  of 
St.  Louis  county,  shall  possess  the  same  qualifications  as  judge  of  the 
Supreme  Court  and  shall  receive  the  same  compensation  as  is  now  or 
may  be  provided  by  law  for  the  judges  of  the  circuit  court  of  St.  Louis 
county  and  be  paid  from  the  same  power." 

which  was  read. 

Mr.    Mudd   offered   the   following   amendment   to   the 
substitute: 

Amend  the  substitute  by  striking  out  the  word  "twelve"  wherever 
it  occurs  and  insert  the  word  "eight." 

which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  was  rejected  by  the  following  vote: 

AYES 


Allen 

Davis 

Hale 

Johnston 

Priest 

Alexander 

Edwards 

Halliburton 

■  of  Nodaway  Ray 

Boone 

of  St.  Louis 

Hardin 

Mabrey 

Rippey 

Carleton 

Fyan 

Johnson 

Maxey 

Roberts 

Crews 

Gottschalk 

of  Cole 
NOES 

Mudd 

Shields 
Watkins       23 

Adams 

Edwards 

McAfee 

Ross 

Switzler 

Bradfield 

of  Iron 

McCabe 

of  Polk 

Todd 

Broadhead 

Eitzen 

McKee 

Rucker 

Wagner 

Chrisman 

Gantt 

McKillop 

Shackelford 

Wallace 

Cottey 

Hammond 

Norton 

Shanklin 

Mr.  President 

Dysart 

Holliday 
Hyer 

Rider 

ABSENT 

Spaunhorst 

28 

Brockmeyer 

Letcher 

Mortell 

Ross 

Taylor 

Crockett 

Massey 

Nickerson 

of  Morgan 

of  St.  Louis  9 

Lay 

ABSENT  WITH 

LEAVE 

285]  Black 

Dryden 

Lackland 

Pulitzer 

Taylor 

Conway 

Farris 

Pipkin 

of  Jasper     8 

The  question  recurring  on  the  adoption  of  the  substi- 
tute offered  by  Mr.  Gantt,  it  was  rejected. 


400  JOURNAL  OF  THE  MISSOURI 

Mr.  Mudd  offered  the  following  amendment  to  Section 
fifteen: 

Amend  Section  fifteen  by  striking  out  the  word  ."twelve"  in  line 
three  and  insert  the  word  "six." 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  Section  fif- 
teen, it  was  adopted. 

Section  sixteen  was  read. 

Mr.  Todd  offered  the  following  amendment  to  Section 
sixteen: 

Amend  Section  sixteen  by  striking  out  all  the  words  after  the  word 
"quorum"  in  the  second  line  and  insert  the  following  in  lieu  thereof: 
"and  the  judge  holding  the  oldest  license  to  practice  law  in  this  State 
shall  be  the  presiding  judge  of  said  court." 

which  was  read  and  rejected. 

Mr.  Johnson  of  Cole  in  the  chair. 

Mr.  Broadhead  offered  the  following  amendment  to 
Section  sixteen: 

Amend  Section  sixteen  by  adding  the  following:  "There  shall  be 
two  terms  of  said  court  to  be  held  each  year  on  the  first  Mondays  of 
March  and  October,  and  the  first  term  of  said  court  shall  be  held  on  the 
first  Monday  of  January,  1876." 

which  was  read  and  agreed  to. 

Section  sixteen  as  amended  was  then  adopted. 

Section  seventeen  was  read. 

Mr.  Todd  offered  the  following  amendment  to  Section 
seventeen: 

Amend  Section  seventeen  by  striking  out  all  after  the  word  "writing" 
in  line  one  and  insert  the  following:  "and  shall  be  filed  in  the  cases  in 
which  they  shall  be  respectively  made  and  become  parts  of  their  record, 
and  all  laws  relating  to  the  practice  in  the  Supreme  Court  shall  apply  to 
this  court  so  far  as  the  same  may  be  applicable." 

which  was  read. 

Five  members  demanding  the  ayes  and  noes,  the  amend- 
ment was  agreed  to  by  the  following  vote: 

AYES 


286]  Adams 

Boone 

Carleton 

Crews 

Dysart 

Allen 

Bradfield 

Chrisman 

Crockett 

Edwards 

Alexander 

Broadhead 

Cottey 

Davis 

of  Iron 

CONSTITUTIONAL  CONVENTION,   1875       401 


Edwards 

Johnson 

McKillop 

Roberts 

Switzler 

of  St.  Louis 

of  Cole 

Mortell 

Ross 

Taylor 

Eitzen 

Lay 

Mudd 

of  Morgan 

of  St.  Louis 

Fyan 

Mabrey 

Nickerson 

Ross 

Todd 

Gantt 

Massey 

Pipkin 

of  Polk 

Wagner 

Hale 

Maxey 

Priest 

Shackelford 

Wallace 

Halliburton 

McAfee 

Ray 

Shanklin 

Wat  kins 

Hammond 

McCabe 

Rider 

Shields 

Mr.  President 

Hardin 

McKee 

Rippey 

Spaunhorst 

54 

Hyer 

NOES 

■ 

Gottschalk 

Johnston 
of  Nodaway 

ABSENT 

2 

Brockmeyer 

Holliday 

Letcher 

Norton 

Rucker            5 

ABSENT  WITH  LEAVE 

Black 

Farris 

Lackland 

Pulitzer 

Taylor 

Dryden 

EXCUSED 

of  Jasper    6 

Conway  1 

Section  seventeen  as  amended  was  then  adopted. 
Section  eighteen  was  read. 

Mr.   Gottschalk  offered   the  following  amendment  to 
Section  eighteen: 

Amend  Section  eighteen  by  striking  out  the  words,  "after  the  adop- 
tion of  this  Constitution,"  in  lines  one  and  two,  and  insert  in  lieu  thereof 
the  words,  "in  the  year  1878." 

which  was  read  and  agreed  to. 

Mr.  Todd  offered  the  following  amendment  to  Section 
eighteen: 

Amend  Section  eighteen  by  adding  the  following  words:  "The 
judge  having  the  oldest  license  to  practice  law  in  this  State  shall  be  the 
presiding  judge  of  said  court." 

which  was  read  and  agreed  to. 

Section  eighteen  as  amended  was  then  adopted. 
Section  nineteen  was  read. 

Mr.   Gottschalk  offered   the  following  amendment  to 
Section  nineteen: 


402  JOURNAL  OF  THE  MISSOURI 

Amend  Section  nineteen  by  striking  out  the  word  "seventy-seven" 
in  line  three  and  insert  in  lieu  thereof  the  word  "seventy-nine." 

which  was  read  and  agreed  to. 

Section  nineteen  as  amended  was  then  adopted. 

Section  twenty  was  read  and  adopted. 

Section  twenty-one  was  read  and  adopted. 

Section  twenty-two  was  read  and  adopted. 

Section  twenty-three  was  read  and  adopted. 

Mr.  Shackelford  moved  to  reconsider  the  vote  by  which 
Section  sixteen  was  adopted,  which  was  agreed  to. 

Section  sixteen  was  then  taken  up. 

Mr.  Todd  ofTered  the  following  amendment  to  Section 

sixteen 

287]         Amend  Section  sixteen  by  staking  out  all  after  the  word  "quo- 
rum" in  line   two,  down  to  and  including  the  word  "court"  in  line  three. 

which  was  read  and  agreed  to. 

Section  sixteen  as  amended  was  then  adopted. 

Mr.  Gantt  offered  the  following  as  an  additional  section 

to  the  report  of  the  Committee: 

The  Supreme  Court  of  the  State  of  Missouri  and  the  St.  Louis  Court 
of  Appeals  shall  have  power  by  rule  to  prescribe  the  practice  of  their  re- 
spective courts. 

which  was  read. 

Mr.  Shanklin  offered  the  following  to  the  proposed 
section: 

Amend  the  proposed  section  by  striking  out  after  the  word  "the" 
first  occurring  in  the  first  line,  the  words,  "Supreme  Court  of  the  State 
of  Missouri,  and  the." 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  the  proposed 
section  offered  by  Mr.  Gantt,  and  the  ayes  and  noes  being 
demanded  by  five  members,  the  section  was  rejected  by 
the  following  vote: 

AYES 


Gantt  Todd 


NOES 


Adams 

Boone 

Chrisman 

Crews 

Dysart 

Allen 

Bradfield 

Conway 

Crockett 

Edwards 

Alexander 

Carleton 

Cottey 

Davis 

of  Iron 

CONSTITUTIONAL  CONVENTION,   1675        403 


Edwards 

Hyer 

McKee 

Rippey 

Spaunhorst 

of  St.  Louis 

Johnson 

McKillop 

Roberts 

Switzler 

Eitzen 

of  Cole 

Mortell 

Ross 

Taylor 

Fyan 

Johnston 

Norton 

of  Morgan 

of  St.  Louis 

Gottschalk 

of  Nodaway  Pipkin 

Ross 

Wagner 

Hale 

Mabrey 

Priest 

of  Polk 

Wallace 

Halliburton 

Massey 

Pulitzer 

Shackelford 

Wat  kins 

Hammond 

McAfee 

Ray 

Shanklin 

Mr.  President 

Hardin 

McCabe 

Rider 

Shields 

53 

Holliday 

ABSENT 

Broadhead 

Letcher 

Mudd 

Nickerson 

Rucker            7 

Brockmeyer 

Maxey 

ABSENT  WITH 

LEAVE 

Black 

Dryden 

Farris 

Lackland 

Taylor 

of  Jasper     5 

SICK 


Lay 


Mr.  Shields  offered  the  following  as  a  new  section  to  the 
report  of  the  Committee: 

288]         The  Supreme  Court  of  the  State  shall  designate  what  opinion 
delivered  by  the  court  or  the  judges    thereof  may  be  printed  at  the  ex- 
pense of  the  State;  and  the  General  Assembly  shall  make  no  provision 
for  payment  by  the  State  for  the  publication  of  any  case  decided  by  said 
court  not  so  designated. 

which  was  read  and  adopted. 

Mr.  Shanklin  offered  the  following  as  a  new  section  to 
the  report  of  the  Committee: 

All  judicial  decisions  in  this  State  shall  be  free  for  publication  by 
any  person. 

which  was  read  and  adopted. 

On  motion  of  Mr.  Holliday  the  Convention  adjourned 
until  tomorrow,  at  9  o'clock  a.  m. 


WEDNESDAY,  JUNE  23,  1875 
MORNING  SESSION 

The   Convention   met   pursuant   to   adjournment,    the 
President  in  the  chair. 

The  journal  of  yesterday  was  read  and  approved. 


404 


JOURNAL  OF  THE  MISSOURI 


The  special  order  being  the  consideration  of  the  report 
of  the  Committee  on  Representation,  Representative  and 
Senatorial  Districts,  it  was  taken  up. 

Mr.  Hale  moved  to  postpone  the  further  consideration 
of  the  report  until  9  o'clock  and  30  minutes  a.  m.,  which 
was  agreed  to. 

Mr.  Hale  then  called  up  the  resolution  offered  by  Mr. 
Spaunhorst  on  the  18th  inst.  in  relation  to  the  adjournment 
of  the  Convention  until  January  5,  1876. 

On  motion  of  Mr.  Watkins,  leave  of  absence  was 
granted  Mr.  Carleton. 

Mr.  Alexander  moved  to  lay  the  resolution  to  adjourn 
on  the  table. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  motion  to  lay  on  the  table  was  adopted  by  the  following 
vote: 

AYES 


289]  Adams 

Edwards 

Johnson 

Niekerson 

Shackelford 

Allen 

of  Iron 

of  Cole 

Norton 

Shanklin 

Alexander 

Fyan 

Lay 

Priest 

Taylor  ' 

Boone 

Gantt 

Letcher 

Ray 

of  St.  Loui« 

Bradfield 

Hale 

Mabrey 

Rider 

Todd 

Chrisman 

Halliburton 

Massey 

Rippey 

Wagner 

Conway 

Hammond 

Maxey 

Roberts 

Wallace 

Cottey 

Hardin 

McAfee 

Ross 

Mr.  President 

Crews 

Holliday 

McKee 

of  Polk 

42 

Crockett 

Hyer 

NOES 

Broadhead 

Dysart 

Gottschalk 

Mudd 

Shields 

Brockmeyer 

Edwards 

Johnston 

Pipkin 

Spaunhorst 

Davis 

of  St.  Louis 

of  Nodaway 

Pulitzer 

Watkins        16 

Dryden 

Eitzen 

McKillop 

Mortell 


Rucker 


ABSENT 


Black 
Carleton 


Ross 
of  Morgan 


Farris 
Lackland 


ABSENT  WITH  LEAVE 
McCabe  Switzler 


EXCUSED 


Taylor 

of  Jasper    7 


CONSTITUTIONAL  CONVENTION,   1875       405 

On  motion  of  Mr.  Halliburton,  leave  of  absence  was 
granted  Mr.  Moore,  the  doorkeeper,  on  account  of  sickness. 

The  hour  of  9  o'clock  and  30  minutes  having  arrived, 
the  Convention  resumed  the  consideration  of  the  report  of 
the  Committee  on  Representation,  Representative  and 
Senatorial  Districts,  districting  the  State  for  the  election 
of  State  Senators. 

Mr.  Norton  offered  the  following  amendment  to  the 
report: 

Amend  by  inserting  the  word  "county"  after  the  word  "St.  Louis" 
in  the  thirty-seventh  line. 

which  was  read  and  agreed  to. 

Mr.  Fyan  offered  the  following  amendment  to  the  re- 
port: 

Amend  by  striking  out  "third"  in  the  twenty-ninth  line  and  in- 
serting "sixth."  Amend  by  striking  out  "sixth"  in  thirty-fourth  line 
and  inserting  "third." 

which  was  read  and  agreed  to. 

Mr.   Norton  offered  the  following  amendment  to  the 

report: 

Amend  by  adding  the  words  "the  counties  of"  after  the  word  "dis- 
trict" in  the  thirty-sixth  line. 

which  was  read  and  agreed  to. 

Mr.  Lay  offered  the  following  substitute  for  the  report: 
Section — .  It  shall  be  the  duty  of  the  General  Assembly,  in  case 
there  shall  be  a  meeting  of  the  same,  at  least  eight  months  before  the 
next  general  election  in  this  State,  to  apportion  the  State  into  senatorial 
districts.  If  there  shall  be  no  such  meeting  of  the  General  Assembly 
within  the  time  aforesaid,  or  if  it  shall  fail  to  district  the  State  when  it 
so  meets,  then  it  shall  be  the  duty  of  the  Governor,  Secretary  of  State, 
and  Attorney-General  to  divide  this  State  into  senatorial  districts  in 
290]  accordance  with  the  provisions  of  this  Constitution,  such  division 
to  be  made  at  least  six  months  before  the  next  general  election  in  this 
State. 

which  was  read  and  rejected. 

Mr.  Broadhead  offered  the  following  amendment  to  the 
report: 

Amend  the  report  by  adding  after  the  word  "thirty-four"  in  line 
thirty-eight:  "Which  upon  the  adoption  of  this  Constitution  shall  be 
established  by  the  St.  Louis  Circuit  Court,  as  provided  by  this  article." 

which  was  read  and  agreed  to. 


406  JOURNAL  OF  THE  MISSOURI 

Mr.  Crews  offered  the  following  amendment  to  the 
report: 

Amend  by  striking  out  "Osage"  from  Twenty-second  district  and 
adding  "Osage"  to  Twenty-fifth  district. 

which  was  read  and  agreed  to. 

Mr.  Hyer  offered  the  following  amendment  to  the  re- 
port: 

Amend  by  striking  out  "Dent"  county  from  the  Twenty-fourth 
district  and  adding  said  county  to  the  Twenty-second  district. 

which  was  read  and  agreed  to. 

Mr.  Pipkin  offered  the  following  amendment: 
Strike  out  "Perry"  in  line  thirty  and  insert  "Madison." 

which  was  read  and  rejected. 

Mr.  Pipkin  offered  the  following  amendment: 

Strike  out  "Perry"  in  line  thirty  and  insert  "Iron"  in  lieu  thereof. 

which  was  read  and  rejected. 

The  section  on  senatorial  districts  as  amended  was  then 
adopted. 

Section  eleven  of  the  report  of  the  Committee  was  then 
rejected. 

Section  five,  passed  over  informally,  was  taken  up. 

Mr.  Gantt  offered  the  following  amendment  to  Sec- 
tion five: 

Amend  by  striking  out  all  after  the  word  "election"  in  the  seventh 
line  and  insert  the  following:  "When  any  county  shall  be  entitled  to 
more  than  one  Senator,  the  circuit  court  shall  cause  such  county  to  be 
subdivided  into  districts  of  compact  an<?  contiguous  territory  and  of 
population  as  nearly  equal  as  may  be,  corresponding  in  number  with  the 
Senators  to  which  such  county  may  be  entitled,  and  in  each  of  these 
one  Senator,  who  shall  be  a  resident  of  such  district,  shall  be  elected  by  the 
qualified  voters  thereof." 

291]  which  was  read  and  agreed  to. 

Section  five  as  amended  was  then  adopted. 

Mr.  Spaunhorst  offered  the  following  as  an  additional 
section  to  the  report  of  the  Committee: 

Section — .  The  General  Assembly  shall  provide  by  law  for  de- 
cennial reapportionment  of  this  State  into  senatorial  districts  on   the 


CONSTITUTIONAL  CONVENTION,   1875        407 

basis  of  the  United  States  decennial  census,  or  if  such  bo  not  taken,  or 
delayed,  then  on  the  basis  of  State  census. 

which  was  read  and  adopted. 

On  motion  of  Mr.  Norton  the  report  of  the  Committee 
on  Representation,  Representative  and  Senatorial  Districts 
was  referred  to  the  Revising  Committee  with  instructions 
to  carefully  revise  and  correct  the  same,  and  report  it  to 
the  Convention  at  as  early  a  day  as  practicable,  printed  and 
correctly  engrossed  for  final  adoption. 

The  report  of  the  Committee  on  Judicial  Department 
was  then  taken  up. 

Section  twenty-four  was  read. 

Mr.  Johnston  of  Nodaway  offered  the  following  sub- 
stitute for  Section  twenty-four: 

If  at  any  time  hereafter  there  shall  be  upon  the  docket  of  the  Su- 
preme Court  two  hundred  or  more  cases  which  shall  have  remained 
upon  such  docket  for  the  period  of  eighteen  months  without  being 
reached  in  regular  order  for  determination,  the  General  Assembly  shall 
provide  by  law  for  the  appointment  by  the  Governor  of  three  commis- 
sioners to  be  styled  "Commissioners  of  Appeals,"  who  shall  possess  all 
the  qualifications  of  judges  of  the  Supreme  Court  and  when  appointed 
as  herein  provided  shall  form  a  part  of  the  Supreme  Court  for  the  de- 
termination of  such  eases  so  remaining  on  the  docket  undisposed  of 
and  shall  sit  with  such  court  at  its  first  session  after  such  appointment, 
and  such  cases  shall  be  assigned  to  such  commissioners  by  such  court  for 
determination;  provided,  that  the  decisions  of  such  Commissioners  shall 
have  the  force  and  effect  of  decisions  of  the  Supreme  Court  and  be  pub- 
lished with  them,  and  provided  j urther ,  that  as  soon  as  the  cases  so  assigned 
to  such  Commissioners  shall  have  been  disposed  of,  the  office  of  such  Com- 
missioners shall  cease  and  determine. 

which  was  read  and  rejected. 

Mr.  Todd  moved  that  Section  twenty-four  and  pending 
292]  amendment  be  laid  over  informally,  which  was  not 
agreed  to. 

The  question  recurring  on  the  adoption  of  Section 
twenty-four,  it  was  rejected. 

Section  twenty-five  was  read  and  adopted. 

Section  twenty-six  was  read. 

Mr.  Gottschalk  offered  the  following  amendment  to 
Section  twenty-six: 


408  JOURNAL  OF  THE  MISSOURI 

Amend  section  twenty-six  by  striking  out  the  words,  "justice  of  the 
peace,"  and  insert  in  lieu  thereof  the  following:  "Justices  of  the  peace 
and  all  inferior  tribunals." 

which  was  read  and  agreed  to. 

Mr.  Wallace  offered  the  following  amendment  to  Sec- 
tion twenty-six: 

Amend  by  striking  out  the  words,  "criminal  courts"  in  first  line. 

which  was  read  and  rejected. 

Section  twenty-six  as  amended  was  then  adopted. 

On   motion   of   Mr.    Halliburton   the    Convention    ad- 
journed until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  Convention  resumed  the  consideration  of  the  report 
of  the  Committee  on  Judicial  Department. 

Section  twenty-seven  was  read. 

Mr.  Mudd  in  the  chair. 

Mr.  Massey  offered  the  following  amendment  to  Sec- 
tion twenty-seven: 

Amend  Section  twenty-seven  by  adding  after  the  word  "judge"  in 
the  third  line,  "and  one  circuit  attorney,"  and  by  adding  after  the  word 
"judge"  in  the  fifth  line,  "and  circuit  attorney." 

which  was  read  and  rejected. 

Mr.  Maxey  gave  notice  that  he  would  move  to  recon- 
sider the  vote  by  which  the  amendment  was  rejected  and 
have  his  motion  entered  on  the  journal. 

Mr.  Halliburton  offered  the  following  amendment  to 
Section  twenty-seven: 

Amend  Section  twenty-seven  by  inserting  in  the  second  line  after 
the  word  "counties"  the  following  words:  "Not  to  exceed  twenty  in 
number." 

which  was  read. 


CONSTITUTIONAL  CONVENTION,   1875       409 

Mr.  Shanklin  offered  the  following  amcndmciiL  fo  the 
amendment: 

293]         Amend   by    inserting    before    the    word    "not"    the   following: 
"After  the  first  day  of  January,  1881." 

which  was  read  and  agreed  to. 

On  motion  of  Mr.  McAfee,  Section  twenty-seven  and 
amendments  was  laid  over  informally. 

The  Chair  laid  before  the  Convention  the  following 
communication  from  the  State  Auditor  in  relation  to  the 
condition  of  the  State  finances,  including  the  expenditures 
and  receipts  since  January  1,  1875,  which  was  read  and  on 
motion  of  Mr.  Adams,  was  referred  with  the  accompany- 
ing documents,  to  the  Committee  on  Revenue  and  Taxation. 

Mr.  Rider  moved  that  three  hundred  copies  of  the  re- 
port be  printed,  which  was  not  agreed  to. 

Section  twenty-eight  was  read  and  adopted. 

Section  twenty-nine  was  read, 

Mr.  Maxey  offered  the  following  amendment  to  Sec- 
tion twenty-nine: 

Amend  Section  twenty-nine  by  striking  out  the  word  "five"  in  the 
second  line. 

which  was  read  and  agreed  to. 

Section  twenty-nine  as  amended  w^as  then  adopted. 

Section  thirty  was  read. 

Mr.  Todd  offered  the  following  substitute  for  Section 

thirty: 

Strike  out  Section  thirty  and  insert  in  lieu  thereof  the  following: 
"The  circuit  court  of  Saint  Louis  county  shall  be  composed  of  five 
judges  and  such  additional  number  as  the  General  Assembly  may 
from  time  to  time  provide,  and  each  of  said  judges  shall  sit  separately 
for  the  trial  of  causes  and  transaction  of  business.  Said  court  shall  hold 
at  least  three  terms  annually.  Appeals  shall  be  directly  from  any 
final  decision  or  order  made  by  said  court  and  from  the  courts  of  record  of 
St.  Louis  county  having  criminal  jurisdiction  only  to  the  St.  Louis 
Court  of  Appeals,  and  writs  of  error  shall  only  issue  from  said  Court  of 
Appeals  to  said  courts.  The  county  of  St.  Louis  shall  furnish  a  room  for 
said  court  and  ofiices  for  its  clerks  and  judges  with  appropriate  furni- 
ture." 

2941  which  was  read. 


410  JOURNAL  OF  THE  MISSOURI 

On  motion  of  Mr.  Shields,  Section  thirty  with  the  pend- 
ing substitute  was  referred  to  the  St.  Louis  Delegation  with 
instructions  to  report  tomorrow  morning. 

Section  thirty-one  was  read  and  adopted. 

Section  thirty-two  was  read. 

Mr.  Maxey  offered  the  following  amendment  to  Sec- 
tion thirty-two: 

Amend  Section  thirty-two  by  inserting  after  the  word  "circuit"  in  the 
fifth  line  the  following:  "And  if  the  judge  of  any  circuit  be  sick,  absent 
or  from  any  cause  unable  to  hold  any  term  of  court,  or  be  disqualified  from 
trying  any  cause  on  any  account,  and  be  unable  to  have  said  term  of 
court  held  by  any  judge  of  any  other  circuit,  the  attorney  of  said  court 
may  elect  a  judge  to  hold  said  court  or  to  try  any  cause  in  which  the 
judge  is  disqualified." 

which  was  read  and  rejected. 

Mr.  Shanklin  offered  the  following  amendment  to  Sec- 
tion thirty-two: 

Amend  Section  thirty-two  by  inserting  after  the  word  "court"  in 
the  fourth  line  the  words,  "or  part  of  term." 

which  was  read  and  agreed  to. 

Section  thirty-two  as  amended  was  then  adopted. 

Section  thirty-three  was  read. 

Mr.  Massey  offered  the  following  amendment  to  Sec- 
tion thirty-three: 

Amend  Section  thirty-three  by  adding  the  following:  "but  the 
election  herein  provided  for,  judges  of  courts  of  record  shall  be  held  on  a 
day  separate  from  other  elections." 

which  was  read  and  agreed  to. 

Mr.  Shanklin  moved  that  Section  thirty-three  and 
amendment  be  laid  over  informally,  which  was  not  agreed 
to. 

On  motion  of  A4r.  McKillop,  leave  of  absence  was 
granted  Mr.  Johnston  of  Nodaway. 

The  President  in  the  chair. 

Mr.  Priest  moved  to  reconsider  the  vote  by  which  the 
amendment  offered  by  Mr.  Massey  to  Section  thirty-three 
was  adopted. 
295]         The  ayes  and  noes  being  demanded  by  five  mem- 


CONSTITUTIONAL  CONVENTION,   1875       411 


bers,  the  motion  to  reconsider  was  agreed  to  by  the  following 
vote: 

AYES 


Adams 

Dryden 

Hardin 

Nickerson 

Shackelford 

Allen 

Dysart 

Johnson 

Norton 

Shanklin 

Alexander 

Edwards 

of  Cole 

Pipkin 

Shields 

Boone 

of  Iron 

Lay 

Priest 

Spaunhorst 

Bradfield 

Edwards 

Mabrey 

Ray 

Taylor 

Broadhead 

of  St.  Louis 

Massey 

Rider 

of  St.  Louis 

Chris  man 

Eitzen 

Maxey 

Rippey 

Wagner 

Conway 

Fyan 

McAfee 

Roberts 

Wallace 

Cottey 

Hale 

McKee 

Ross 

Watkins 

Crews 

Halliburton 

McKillop 

of  Morgan 

Mr.  President 

Crockett 

Hammond 

Mudd 

Rucker 

50 

Davis 

NOES 

Gantt 

Holliday 

Hyer 

ABSENT 

Pulitzer 

4 

Brockmeyer 

Gottsehalk 

Letcher 

Mortell 

Todd               5 

ABSENT  WITH 

LEAVE 

Black 

Farris 

Lackland 

Ross 

Taylor 

Carleton 

Johnston 
of  Nodawaj! 

McCabe 

of  Polk 
Switzler 

of  Jasper    9 

The  question  then  recurring  on  the  adoption  of  the 

amendment  and  the  ayes  and  noes  being  demanded  by  five 

members,   the   amendment  was   rejected   by   the   following 

vote: 

AYES 


Gantt 

Johnson 

Lay 

McAfee 

Pulitzer 

Holliday 

of  Cole 

Massey 

Priest 

Spaunhorst  10 

Hyer 

NOES 

Adams 

Crockett 

Hale 

Norton 

Shanklin 

Allen 

Davis 

Halliburton 

Pipkin 

Shields 

Alexander 

Dryden 

Hammond 

Ray 

Taylor 

Boone 

Dysart 

Hardin 

Rider 

of  St.  Louis 

Bradfield 

Edwards 

Mabrey 

Rippey 

Wagner 

Broadhead 

of  Iron 

Maxey 

Roberts 

Wallace 

Chrisman 

Edwards 

McKee 

Ross 

Watkins 

Conway 

of  St.  Louis 

1  McKillop 

of  Polk 

Mr.  President 

Cottey 

Eitzen 

Nickerson 

Shackelford 

42 

Crews 

Fyan 

412  JOURNAL  OF  THE  MISSOURI 


Brockmeyer 
Gottschalk 

Letcher             Mudd 
Mortell 

Ross 

of  Morgan 

Rucker 
Todd 

ABSENT  WITH 

LEAVE 

Black 

Carleton 

Farris 

Johnston           Lackland 
of  Nodaway  McCabe 

Switzler 

Taylor 
of  Jasper 

On  motion  of  Mr.  Edwards  of  St.  Louis,  the  Convention 
adjourned  until  tomorrow  at  9  o'clock  a.  m. 


296]  THURSDAY,  JUNE  24,  1875 

MORNING  SESSION 

The    Convention   met   pursuant   to   adjournment,   the 
President  in  the  chair. 

Prayer  by  the  Rev.  Mr.  Barrett. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.   Brockmeyer  from  the   Committee  on  Legislative 
Department  submitted  the  following  report- 
Mr.  President: 

Your  Committee  on  Legislative  Department,  to  which  was  referred 
Article  IV  of  the  Constitution  of  the  State  of  Missouri,  beg  leave  to  re- 
port that  they  have  considered  the  same  and  recommend  the  adoption 
of  the  provisions  herewith  submitted  in  lieu  thereof. 

ARTICLE 


LEGISLATIVE   DEPARTMENT 

Section  1.  The  legislative  power,  subject  to  the  limitations  herein 
contained,  shall  be  vested  in  a  Senate  and  House  of  Representatives, 
to  be  styled  the  "General  Assembly  of  the  State  of  Missouri." 

Section  2.  The  Senate  shall  consist  of  thirty-four  members,  for  the 
election  of  whom  the  State  shall  be  divided  into  thirty-four  convenient 
districts,  of  equal  population,  as  nearly  as  may  be. 

Section  3.  No  person  shall  be  a  Senator  who  shall  not  have  attained 
the  age  of  thirty  years,  who  shall  not  be  a  male  citizen  of  the  United 
States,  who  shall  not  have  been  a  qualified  voter  of  the  district  which 
he  may  be  elected  to  represent,  for  three  years  next  before  the  day  of 
his  election,  if  such  district  shall  have  been  so  long  established,  but  if  not, 
then  of  the  district  from  which  the  same  shall  have  been  taken,  and  who 


CONSTITUTIONAL  CONVENTION,   1875       413 

shall  have  not  paid  a  State  and  county  tax  during  the  two  years  preced- 
ing his  election. 

Section  4.  The  House  of  Representatives  shall  consist  of  members 
to  be  elected  every  second  year  by  the  qualified  voters  of  the  several 
counties,  appointed  in  the  following  manner: 

Section  5.  No  person  shall  be  a  member  of  the  House  of  Repre- 
sentatives who  shall  have  not  attained  the  age  of  twentj'-four  years, 
who  shall  not  be  a  male  citizen  of  the  United  States,  who  shall  not  have 
been  a  qualified  voter  of  the  county  or  district  which  he  may  be  elected 
to  represent  for  two  years  next  preceding  his  election,  if  such  county  or 
district  shall  have  been  so  long  established,  but  if  not,  then  of  the  county 
or  district  from  which  the  same  shall  have  been  taken  and  who  shall  have 
297]  not  paid  a  State  and  county  tax  for  the  two  years  preceding  his 
election. 

Section  6.  Senatorial  and  representative  districts  may  be  altered 
from  time  to  time  as  public  convenience  may  require.  When  any 
senatorial  district  shall  be  composed  of  two  or  more  counties  they  shall 
be  contiguous. 

Section  7.     The  first  election  of  Senators  and  Representatives  under 

this  Constitution  shall  be  held  at  the  general  election  in  the  year 

when  the  whole  number  of  Senators  and  Representatives  shall  be  elected. 

Section  8.  No  Senator  or  Representative  shall,  during  the  term  for 
which  he  shall  have  been  elected,  be  appointed  to  any  office  under  this 
State  or  any  municipality  thereof,  and  no  member  of  Congress  or  person 
holding  any  lucrative  office  under  the  United  States  or  this  State  or  any 
municipality  thereof  (militia  officers,  justices  of  the  peace  and  notaries 
public  excepted)  shall  be  eligible  to  either  house  of  the  General  As- 
sembly, or  shall  remain  a  member  thereof  after  having  accepted  any 
such  office  or  seat  in  either  house  of  Congress. 

Section  9.  If  any  Senator  or  Representative  remove  his  residence 
from  the  district  or  county  for  which  he  was  elected,  his  office  shall 
thereby  be  vacated. 

Section  10.  Writs  of  election  to  fill  such  vacancies  as  maj'  occur  in 
either  house  of  the  General  Assembly  shall  be  issued  as  provided  in 
Section of  Article . 

Section  11.  Every  Senator  and  Representative-elect,  before  en- 
tering upon  the  duties  of  his  office,  shall  take  and  subscribe  the  following 
oath  or  affirmation:  "I  do  solemnly  swear  (or  affirm)  that  I  will  sup- 
port, obey  and  defend  the  Constitution  of  the  United  States  and  of  the 
State  of  Missouri  and  faithfully  perform  the  duties  of  my  office;  and  that 
I  will  not,  knowingly,  receive,  directly  or  indirectly,  anj^  money  or  other 
valuable  thing,  for  the  performance  or  non-performance  of  any  act  or 
duty  pertaining  to  my  office  other  than  the  compensation  allowed  bj^ 
law."  The  oaths  shall  be  administered  in  the  halls  of  their  respective 
houses,  to  the  members  thereof,  by  some  judge  of  the  Supreme  Court, 
or  the  circuit  court,  or  the  county  court  of  Cole  county,  and  after  the 
organization,  by  the  presiding  officer  of  either  house  and  shall  be  filed 
in  the  office  of  the  Secretary  of  the  State.  Any  member  of  either  house 
refusing  to  take  said  oath  or  affirmation  shall  be  deemed  to  have  thereby 


414  JOURNAL  OF  THE  MISSOURI 

vacated  his  office,  and  any  member  convicted  of  having  violated  his  oath 
298]  or  affirmation  after  taking  the  same  shall  be  deemed  guilty  of  per- 
jury and  be  forever  thereafter  disqualified  from  holding  any  office  of 
trust  or  profit  in  this  State. 

Section  12.  The  members  of  the  General  Assembly  shall  severally 
receive  from  the  public  treasury  such  compensation  for  their  services 
as  may,  from  time  to  time,  be  provided  by  law,  not  to  exceed  five  dollars 

per  day  for  the  first days  of  each  session  and  after  that  not  to  exceed 

one  dollar  per  day  for  the  remainder  of  the  session,  except  the  first  ses- 
sion held  under  this  Constitution  and  during  revising  sessions  when  they 

may  receive  five  dollars  per  day  for  one  hundred  and days  and  one 

dollar  per  day  for  the  remainder  of  such  session.  In  addition  to  per  diem 
the  member  shall  be  entitled  to  receive  traveling  expenses  or  mileage  for 
any  regular  and  extra  session  not  greater  than  now  provided  by  law. 
Committees  of  either  house  or  joint  committees  of  both  houses  appointed 
to  examine  the  institutions  of  the  State  other  than  those  at  the  seat  of 
government,  may  receive  their  actual  expenses  necessarily  incurred  while 
in  the  performance  of  such  duty;  the  items  of  such  expenses  to  be  returned 
to  the  chairman  of  such  committee  and  by  him  certified  to  the  State 
Auditor  before  the  same  or  any  part  thereof  can  be  paid.  Each  member 
may  receive  at  each  regular  session  an  additional  sum  of  fifty  dollars, 
which  shall  be  in  full  for  stationery,  postage,  and  all  other  incidental 
expenses  and  perquisites,  and  no  allowance  or  emoluments  for  any  pur- 
pose whatever  shall  be  made  to  or  received  by  the  members  or  any  mem- 
ber of  either  house,  other  than  as  herein  expressly  provided;  and  no  al- 
lowance or  emolument  for  any  purpose  whatever  shall  ever  be  paid  to  any 
officer,  agent,  servant,  or  employe  of  either  house  of  the  General  As- 
sembly, or  of  any  committee  thereof,  except  such  per  diem  as  may  be 
provided  for  by  law  not  to  exceed  five  dollars. 

Section  13.  Each  house  shall  appoint  its  own  officers;  shall  be  sole 
judge  of  the  qualifications,  election  and  returns  of  its  own  members;  may 
determine  the  rules  of  its  own  proceedings,  except  as  herein  provided; 
may  arrest  and  punish  by  fine  not  exceeding  three  hundred  dollars,  or 
imprisonment  in  a  county  jail  not  exceeding  ten  days,  or  both,  any  per- 
299]  son  not  a  member  who  shall  be  guilty  of  disrespect  to  the  house  by 
any  disorderly  or  contemptuous  behavior  in  its  presence  during  its  ses- 
sions; may  punish  its  members  for  disorderly  conduct,  and  with  the  con- 
currence of  two-thirds  of  all  members  elect,  maj^  expel  a  member;  but 
no  member  shall  be  expelled  a  second  time  for  the  same  cause. 

Section  14.  A  majority  of  the  whole  number  of  members  of  each 
house  shall  constitute  a  quorum  to  do  business;  but  a  smaller  number 
may  adjourn  from  day  to  day,  and  may  compel  the  attendance  of  absent 
members  in  such  manner  and  under  such  penalties  as  each  house  may 
provide. 

Section  15.  The  sessions  of  each  house  shall  be  held  with  open 
doors,  except  in  cases  which  may  require  secrecy. 

Section  16.     The  General  Assembly  elected  in  the  year  one  thousand 

eight  hundred  and  seventy shall  meet  on  the  first  Wednesday  of 

January,  one  thousand  eight  hundred  and  seventy ;  and  thereafter 


CONSTITUTIONAL  CONVENTION,   1875       415 

the  General  Assembly  shall  meet  in  regular  session  once  only  in  every 
two  years;  and  such  meeting  shall  be  on  the  first  Wednesday  of  January. 

Section  17.  Every  adjournment  or  recess  taken  by  the  General 
Assembly  for  more  than  three  days  shall  have  the  effect  of  and  be  an 
adjournment  sine  die. 

Section  18.  Every  adjournment  and  recess  taken  by  the  General 
Assembly  for  three  days  or  less  shall  be  construed  as  not  interrupting 
the  session  at  which  they  are  had  or  taken,  but  as  continuing  the  session 
for  all  the  purposes  mentioned  in  Section  twelve  of  this  article. 

Section  19.  Neither  house  shall  without  the  consent  of  the  other 
adjourn  for  more  than  two  days  at  any  one  time,  nor  to  any  other  place 
than  that  in  which  the  two  houses  may  be  sitting. 

ARTICLE — 


LEGISLATIVE  PROCEEDINGS 

Section  1.     The  style  of  the  laws  of  this  State  shall  be: 

"Be  it  enacted  by  the  General  Assembly  oj  the  State  oj   Missouri,  as 

follows:" 

Section  2.  No  law  shall  be  passed  except  by  bill,  and  no  bill  shall  be 
so  amended,  in  its  passage  through  either  house,  as  to  change  its  original 
purpose. 

300]  Section  3.  Bills  may  originate  in  either  house,  and  may  be 
amended  or  rejected  by  the  other;  and  every  bill  shall  be  read  on  three 
different  days  in  each  house. 

Section  4.  No  bill  (except  general  appropriation  bills  which  may 
embrace  the  various  subjects  and  accounts  for  and  on  account  of  which 
moneys  are  appropriated,  and  except  bills  passed  under  Section  three  of 
this  article)  passed,  shall  contain  more  than  one  subject,  which  shall  be 
clearly  expressed  in  its  title. 

Section  5.  All  amendments  adopted  by  either  house  to  a  bill  pend- 
ing and  originating  in  the  same,  shall  be  incorporated  with  the  bill  by 
engrossment,  and  the  bill  as  thus  engrossed,  shall  be  printed  for  the  use 
of  the  members  before  its  final  passage.  The  engrossing  and  printing 
shall  be  under  the  supervision  of  a  committee,  whose  report  to  the  house 
shall  be  set  forth  in  writing,  that  they  find  the  bill  truly  engrossed,  and 
that  the  printed  copy  furnished  to  the  members  is  correct. 

Section  6.  If  a  bill,  passed  by  either  house  be  returned  thereto, 
amended  by  the  other  house,  the  house  to  which  the  same  is  returned 
shall  cause  the  amendment  or  amendments  so  received  to  be  printed  under 
the  same  supervision,  as  provided  in  the  next  preceding  section,  for  the 
use  of  the  members  before  final  action  on  such  amendments. 

Section  7.  No  bill  shall  be  considered  for  final  passage  unless  the 
same  has  been  reported  upon  by  a  committee  and  printed  for  the  use  of 
the   members. 

Section  8.  No  bill  shall  become  a  law  unless  on  its  final  passage 
the  vote  be  taken  by  yeas  and  nays,  the  name  of  the  members  voting  for 
and  against  the  same  be  entered  on  the  journal,  and  a  majority  of  the 
members  elected  to  each  house  be  recorded  thereon  as  voting  in  its  favor. 


416  JOURNAL  OF  THE  MISSOURI 

Section  9.  No  amendment  to  bills  by  one  house  shall  be  concurred 
in  by  the  other  except  by  a  vote  of  a  majority  of  the  members  elected 
thereto,  taken  by  j'eas  and  nays,  and  the  names  of  those  voting  for  and 
against  recorded  upon  the  journal  thereof;  and  reports  of  committees 
301]  of  conference  shall  be  adopted  in  either  house  only  by  the  vote  of  a 
majority  of  the  members  elected  thereto,  taken  by  yeas  and  nays  and  the 
name  of  those  voting  recorded  upon  the  journal. 

Section  10.  No  act  shall  be  received  or  re-enacted  by  mere  refer- 
ence to  the  title  thereof,  but  the  same  shall  be  set  forth  at  length  as  if  it 
were  an  original  act. 

Section  11.  No  act  shall  be  amended  by  providing  that  designated 
words  thereof  be  stricken  out,  or  that  designated  words  be  inserted,  or 
that  designated  words  be  stricken  out  and  others  inserted  in  lieu  thereof; 
but  the  words  to  be  stricken  out  or  the  words  to  be  inserted,  or  the  words 
to  be  stricken  out  and  inserted  in  lieu  thereof,  together  with  the  act  or 
section  amended,  shall  be  set  forth  in  full  as  amended 

Section  12.  When  a  bill  is  put  upon  its  final  passage  in  either  house, 
and  failing  to  pass,  a  motion  is  made  to  reconsider  the  vote  by  which  it 
was  defeated,  the  vote  upon  such  motion  to  reconsider  shall  be  immedi- 
ately taken  and  the  subject  finally  disposed  of  before  the  house  proceeds 
to  any  other  business. 

Section  13.  No  law  passed  by  the  General  Assembly,  except  the 
general  appropriation  act,  shall  take  effect  or  go  into  force  until  ninety 
days  after  the  adjournment  of  the  session  at  which  it  was  enacted,  unless 
in  case  of  an  emergency  (which  emergency  must  be  expressed  in  the  pre- 
amble or  in  the  body  of  the  act)  the  General  Assembly  shall  by  a  vote  of 
two-thirds  of  all  the  members  elected  to  each  house  otherwise  direct; 
said  vote  to  be  taken  by  yeas  and  nays  and  entered  upon  the  journal. 

Section  14.  No  bill  shall  become  a  law  until  the  same  shall  have  been 
signed  by  the  presiding  officer  of  each  of  the  two  houses  in  open  session; 
and  before  such  officer  shall  affix  his  signature  to  any  bill,  he  shall  sus- 
pend all  other  business,  declare  that  such  bill  will  now  be  read,  and  that, 
if  no  objections  be  made,  he  will  sign  the  same  to  the  end  that  it  may  be- 
come a  law.  The  bill  then  shall  be  read  at  length,  and  if  no  objections 
be  made  he  shall,  in  presence  of  the  house,  in  open  session,  and  before  any 
other  business  is  entertained,  affix  his  signature,  which  fact  shall  be  noted 
on  the  journal  and  the  bill  immediately  sent  to  the  other  house.  When 
302]  it  reaches  the  other  house  the  presiding  officer  thereof  shall  im- 
mediately suspend  all  other  business,  announce  the  reception  of  the  bill, 
and  the  same  proceeding  shall  thereupon  be  observed  in  every  respect 
as  in  the  house  in  which  it  was  first  signed.  If  in  either  house  any 
member  shall  object  that  any  substitution,  omission,  or  insertion  has 
occurred  so  that  the  bill  proposed  to  be  signed  is  not  the  same  in  sub- 
stance and  form  as  when  considered  and  passed  by  the  house,  or  that  any 
particular  clause  of  this  article  of  the  Constitution  has  been  violated  in 
its  passage,  such  objection  shall  be  passed  upon  by  the  house,  and  if 
sustained,  the  presiding  officer  shall  withhold  his  signature;  but  if  such 
objection  shall  not  be  sustained,  then  any  two  members  may  embody 
the  same  over  their  signatures  in  a  written  protest  against  the  signing 


CONSTITUTIONAL  CONVENTION,   1875       417 

of  the  bill.  Said  protest,  when  offered  in  the  house,  shall  be  noted  upon 
the  journal,  and  the  original  shall  be  annexed  to  the  bill  to  be  considered 
by  the  Governor  in  connection  therewith.  If  such  bill  be  signed  by  the 
Governor  or  passed,  notwithstanding  his  objections  thereto,  it  shall  be 
the  duty  of  the  Supreme  Court  upon  proceedings  commenced  at  any 
time  within  ninety  days  thereafter,  at  the  information  of  the  protesting 
members,  to  inquire  judicially  into  the  truth  of  the  facts  alleged  in  such 
protest,  and  found  true,  the  bill  or  act  to  which  the  protest  relates  shall 
be  declared  null  and  void,  and  the  costs  of  the  proceedings  shall  be  ad- 
judged against  the  State,  but  if  not  proved  to  the  satisfaction  of  the 
court,  the  protest  shall  be  declared  a  nullity  and  the  costs  may  be  ad- 
judged against  the  State,  or  against  the  informants,  as  the  court  may  be- 
lieve to  be  just. 

Section  15.  When  the  bill  has  been  signed,  as  provided  for  in  the 
preceding  section,  it  shall  be  the  duty  of  the  Secretary  of  the  Senate, 
if  the  bill  originated  in  the  Senate,  and  of  the  Chief  Clerk  of  the  House 
of  Representatives,  if  the  bill  originated  in  the  House,  to  present  the  same 
in  person  on  the  same  day  on  which  it  was  signed  as  aforesaid  to  the  Gov- 
ernor and  enter  the  fact  upon  the  journal.  Every  bill  presented  to  the 
Governor  and  returned  within  ten  days  to  the  house  in  which  the  same 
303]  originated,  with  the  approval  of  the  Governor,  shall  be  a  law  in 
this  State,  unless  it  be  a  violation  of  some  provision  of  this  Constitution. 

Section  16.  Every  bill  presented  as  aforesaid  but  returned  without 
the  approval  of  the  Governor  and  with  his  objections  thereto  shall  stand 
as  considered  in  the  house  to  which  it  is  returned.  The  house  shall  cause 
the  objections  of  the  Governor  to  be  entered  at  large  upon  the  journal 
and  proceed,  at  its  convenience,  to  consider  the  question  pending,  which 
shall  be  in  this  form:  "Shall  the  bill  pass,  the  objections  of  the  Governor 
thereto  notwithstanding?"  The  vote  upon  this  question  shall  be  taken 
by  the  yeas  and  nays  and  entered  upon  the  journal  and  if  two-thirds  of  all 
the  members  elected  to  the  house  vote  in  the  affirmative,  the  presiding 
officer  of  the  house  shall  certify  to  that  fact  upon  the  roll,  attesting  the 
same  by  his  signature,  and  send  the  bill,  with  the  objections  of  the  Gov- 
ernor, to  the  other  house  in  which  like  proceedings  shall  be  had  in  relation 
thereto;  and  if  the  bill  receive  a  like  majority  of  all  the  members  elected 
to  that  house,  the  vote  being  taken  by  yeas  and  nays,  the  presiding  officer 
thereof  shall,  in  like  manner,  certify  the  fact  upon  the  bill.  The  bill 
thus  certified  shall  be  deposited  in  the  office  of  the  Secretary  of  State,  as 
an  authentic  act  and  shall  become  a  law  in  the  same  manner  and  with  like 
effect  as  if  it  had  received  the  approval  of  the  Governor. 

Section  17.  When  the  Governor  shall  fail  to  perform  his  duty  as 
prescribed  in  Section Arciole of  this  Constitution,  in  re- 
lation to  any  bill  presented  to  him  for  his  approval,  the  General  As- 
sembly may  by  joint  resolution,  reciting  the  fact  of  such  failure  and  the 
bill  at  length,  direct  to  the  Secretary  of  State  to  enroll  the  same  as  an 
authentic  act  in  the  archives  of  the  State,  and  such  amendment  shall  have 
the  same  effect  as  an  approval  by  the  Governor:  Provided,  that  such 
joint  resolution  shall  not  be  submitted  to  the  Governor  for  his  approval. 

14 


418  JOURNAL  OF  THE  MISSOURI 

Section  18.  Each  house  shall  from  time  to  time  publish  a  journal 
304)  of  its  proceedings  and  the  yeas  and  nays  on  any  question  shall  be 
taken  and  entered  on  the  journal  at  the  motion  of  any  two  members. 
Whenever  the  yeas  and  nays  are  demanded,  the  whole  list  of  members 
shall  be  called  and  the  names  of  the  absentees  shall  be  noted  and  pub- 
lished in  the  journal. 

ARTICLE 


LIMITATION  UPON  LEGISLATIVE  POWER 

Section  1.  All  revenue  collected  and  moneys  received  by  the  State 
from  any  source  whatever  shall  go  into  the  treasury,  and  the  General 
Assembly  shall  have  no  power  to  direct  the  same  or  to  permit  money 
to  be  drawn  from  the  treasury,  except  in  pursuance  of  regular  appro- 
priations made  by  law.  All  appropriations  of  money  by  the  successive 
General  Assemblies  shall  be  made  in  the  following  order: 

First.  For  the  payment  of  all  interests  upon  the  bonded  debt  of 
the  State  that  may  become  due  during  the  term  of  which  each  General 
Assembly  is  elected. 

Second.  For  the  benefit  of  the  sinking  fund  which  shall  not  be  less 
annually  than  one  per  cent  upon  the  bonded  debt. 

Third.     For  public   school  purposes   not   less   than per  cent 

of  the  annual  revenue  collected. 

Fourth.  For  the  payment  of  the  cost  of  assessing  and  collecting  the 
revenue. 

Fijth.     For  the  payment  of  the  civil  list. 

Sixth.     For  the  eleemosynary  institutions  of  the  State. 

Seventh.  For  the  pay  of  the  General  Assembly  and  such  other 
purposes  not  herein  prohibited  as  it  may  deem  necessary,  but  no  Gen- 
eral Assembly  shall  have  power  to  make  any  appropriations  of  money 
for  any  purpose  whatsoever  until  the  respective  sums  necessary  for  the 
purpose  in  this  section  specified  have  been  set  apart  and  appropriated, 
or  to  give  priority  in  its  action  to  a  succeeding  over  a  preceding  item  as 
above  enumerated. 

Section  3.  The  General  Assembly  shall  have  no  power  to  contract 
or  to  authorize  a  contracting  of  any  debt  or  liability  on  behalf  of  the 
State,  or  to  issue  bonds  or  other  evidences  of  indebtedness  thereof,  except 
305]  in  the  following  cases: 

First.  In  the  renewal  of  existing  bonds  when  they  cannot  be  paid 
out  of  the  sinking  fund  or  other  sources  at  maturity. 

Second.  On  the  occurring  of  an  unforeseen  emergency  or  casual 
deficiency  of  the  revenue  when  the  temporary  liability  incurred  upon  the 
recommendation  of  the  Governor  first  had,  shall  not  exceed  the  sum  of 
two  hundred  and  fifty  thousand  dollars  for  any  one  year  to  be  paid  in 
not  more  than  two  years  from  and  after  its  creation. 

Third.  When  the  act  providing  for  the  loan  or  for  the  contracting 
of  the  liability  and  containing  a  provision  for  the  levying  of  a  tax  suf- 
ficient to  pay  the  interest  and  principal  when  they  become  due  (the  latter 
in  not  more  than  thirteen  years  from  date  of  its  creation)  shall  have  been 


CONSTITUTIONAL  CONVENTION,   1875       419 

submitted  to  the  taxpayers  of  the  State  and  by  them  ratified  by  a  two- 
thirds  majority  at  an  election  held  for  that  purpose,  due  publication  hav- 
ing been  made  of  the  provisions  of  the  act  for  at  least  three  months  be- 
fore such  election,  the  act  thus  ratified  shall  be  irrepealable  until  the  debt 
thereby  incurred  shall  be  paid,  principal  and  interest. 

Section  4.  The  General  Assembly  shall  have  no  power  to  give  or  to 
lend,  or  to  authorize  the  giving  or  lending  the  credit  of  the  State  in  aid 
of  or  to  any  person,  association  or  corporation,  whether  municipal  or 
other,  or  to  pledge  the  credit  of  the  State  in  any  manner  whatsoever,  for 
the  payment  of  the  liabilities  present  or  prospective,  of  any  individual, 
association  of  individuals,  municipal  or  other  corporations  whatsoever. 

Section  5.  The  General  Assembly  shall  have  no  power  to  make  any 
grant  or  to  authorize  the  making  of  any  grant  of  public  money  or  thing 
of  value  to  any  individual,  association  of  individuals,  municipal  or  other 
corporations  whatsoever:  Provided,  that  this  shall  not  be  construed  as  to 
prevent  the  maintenance  of  the  eleemosynary  institutions  of  the  State 
or  the  granting  of  aid  in  case  of  a  public  calamity. 

306]  Section  6.  The  General  Assembly  shall  have  no  power  to  au- 
thorize any  county,  city,  town  or  township  or  other  political  corporation 
or  subdivision  of  the  State  now  existing,  or  that  may  be  hereafter  es- 
tablished, either  to  lend  its  credit  or  to  grant  public  money  or  thing  of 
value  in  aid  of  or  to  any  individual,  association  or  corporation  what- 
soever, nor  to  become  a  stockholder  in  such  corporation,  association  or 
company. 

Section  7.  The  General  Assembly  shall  have  no  power  to  grant  or 
to  authorize  the  granting  by  any  county  or  municipal  authority  of  any 
extra  compensation,  fee  or  allowance  to  a  public  officer,  agent,  servant 
or  contractor,  after  services  have  been  rendered  or  a  contract  has  been 
entered  into  and  performed  in  whole  or  in  part,  nor  pay  nor  authorize 
the  payment  of  any  claim  hereafter  created  against  the  State,  or  any 
county  or  municipality  of  the  State,  under  any  agreement  or  contract 
made  without  express  authority  of  the  law;  and  all  such  unauthorized 
agreements  or  contracts  shall  be  null  and  void. 

Section  8.  The  General  Assembly  shall  have  no  power  hereafter  to 
subscribe  or  authorize  the  subscription  of  stock  on  behalf  of  the  State 
in  any  corporation  or  association,  except  for  the  purpose  of  securing  loans 
heretofore  extended  to  certain  railroad  corporations  by  the  State. 

Section  9.  The  General  Assembly  shall  have  no  power  to  release 
or  alienate  the  lien  held  by  the  State  upon  any  railroad  or  in  any  wise 
change  the  tenor  or  meaning,  or  pass  any  act  explanatory  thereof,  but 
the  same  shall  be  forced  in  accordance  with  the  original  terms  upon  which 
it  was  required. 

Section  10.  The  General  Assembly  shall  have  no  power  to  release 
or  extinguish,  or  authorize  the  releasing  or  extinguishing,  in  whole  or 
in  part,  the  indebtedness,  liability  or  obligation  of  any  corporation  or 
individual  to  this  State  or  to  any  county  or  other  municipal  corporation 
therein. 

Section  11.  The  General  Assembly  shall  have  no  power  to  make 
any  appropriation  of  money  or  to  issue  any  bonds  or  other  evidence  of 


420  JOURNAL  OF  THE  MISSOURI 

indebtedness  for  the  paj'ment,  or  on  account  or  in  recognition  of  any 
307]  claim  audited,  or  that  may  hereafter  be  audited,  by  virtue  of  an 
act  entitled  "An  act  to  audit  and  adjust  the  war  debt  of  the  State," 
approved  March  19,  1874,  or  any  act  of  a  similar  nature,  until  after  the 
claims  so  audited  shall  have  been  presented  to  and  paid  by  the  Govern- 
ment of  the  United  States  to  the  State  of  Missouri.  The  General  As- 
sembly shall  not  pass  any  local  or  special  law  authorizing  the  creation, 
extension  or  imposing  of  liens  regulating  the  affairs  of  counties,  cities, 
townships,  wards  or  school  districts;  changing  the  names  of  persons  and 
places;  changing  the  venue  in  civil  or  criminal  cases;  authorizing  the 
laying  out,  opening,  altering,  or  maintaining  roads,  highways,  streets  or 
alleys;  relating  to  ferries  or  bridges,  or  incorporating  ferry  or  bridge  com- 
panies except  for  the  erection  of  bridges  crossing  streams  which  form 
boundaries  between  this  and  any  other  State;  vacating  roads,  town 
plats,  streets  or  alleys;  relating  to  cemeteries,  graveyards,  public  grounds 
not  of  the  State;  authorizing  the  adoption  or  legitimation  of  children; 
locating  or  changing  county  seats;  incorporating  cities,  towns  or  villages, 
or  changing  their  charters;  for  the  opening  and  conducting  of  elections 
or  fixing  or  changing  the  place  of  voting;  granting  divorces;  erecting  new 
townships  or  changing  township  lines,  or  the  lines  of  school  districts; 
creating  offices  or  prescribing  the  powers  and  duties  of  officers  in  coun- 
ties, cities,  townships,  election  or  school  districts;  changing  the  law  of 
descent  or  succession;  regulating  the  practice  or  jurisdiction  of  or  chang- 
ing the  rules  of  evidence  in  any  judicial  proceeding  or  inquiry  before 
courts,  justices  of  the  peace,  sheriffs,  commissioners,  arbitrators  or  other 
tribunals,  or  providing  or  changing  methods  for  the  collection  of  debts, 
or  the  enforcing  of  judgments,  prescribing  the  effect  of  judicial  sales  of 
real  estate;  regulating  the  fees,  or  extending  the  powers  and  duties  of  al- 
dermen, justices  of  the  peace,  magistrates  or  constables;  regulating  the 
management  of  public  schools,  the  building  or  repairing  of  school  houses, 
and  the  raising  of  money  for  such  purposes;  fixing  the  rates  of  interest; 
308]  affecting  the  estates  of  minors  or  persons  under  disability,  remitting 
fines,  penalties,  and  forfeitures,  or  refunding  moneys  legally  paid  iato  the 
treasury;  exempting  property  from  taxation;  regulating  labor,  trade,  mi- 
ning or  manufacturing;  creating  corporations,  or  amending,  renewing,  ex- 
tending or  explaining  the  charter  thereof ; granting  toany  corporation, asso- 
ciation or  individual  any  special  or  exclusive  rights,  privilege  or  immunity, 
or  to  any  corporation,  association  or  individual  the  right  to  lay  down  a 
railroad  track;  declaring  any  named  person  of  age;  extending  the  time 
for  the  assessment  or  collection  of  taxes,  or  otherwise  relieving  any  as- 
sessor or  collector  of  taxes,  from  the  due  performance  of  their  official 
duties,  or  their  securities  from  liability;  giving  effect  to  informal  or  invalid 
wills  or  deeds;  legalizing  the  unauthorized  or  invalid  acts  of  any  officer  or 
agent  of  the  State,  or  of  any  county  or  municipality  thereof.  In  all 
other  cases  where  a  general  law  can  be  made  applicable,  no  local  or  special 
law  shall  be  enacted;  and  whether  a  general  law  could  have  been  made 
applicable  in  any  case  is  hereby  declared  to  be  a  judicial  question,  and 
as  such  shall  be  judicially  determined,  without  regard  to  any  legislative 
determination    thereof.     Nor    shall    the    General    Assembly    indirectly 


CONSTITUTIONAL  CONVENTION,   1875       421 

enact  such  special  or  local  law  by  the  partial  repeal  of  a  general  law; 
but  laws  repealing  local  or  special  acts  may  be  passed. 

Section  13.  No  local  or  special  bill  other  than  those  provided  for 
in  the  preceding  section  shall  be  passed  unless  notice  of  the  intention 
to  apply  therefor  shall  have  been  published  in  the  locality  where  the 
matter  or  thing  to  be  effected  may  be  situated,  which  notice  shall  be  at 
least  thirty  days  prior  to  the  introduction  into  the  General  Assembly 
of  such  bill,  and  in  the  manner  to  be  provided  by  law,  the  evidence  of 
such  notice  having  been  published,  shall  be  exhibited  in  the  General 
Assembly,  before  such  act  shall  be  passed. 

Section  14.  The  General  Assembly  shall  have  no  power,  when  con- 
vened in  extra  session  by  the  Governor,  to  act  upon  subjects  other  than 
309]  those  specially  designated  in  the  proclamation  by  which  the  ses- 
sion is  called. 

Section  15.  The  General  Assembly  shall  have  no  power  to  remove 
the  seat  olF  government  of  this  State  from  the  city  of  Jefferson. 

Henry  C.  Broekmeyer,  Chairman. 

which  was  read  and  on  motion  of  Mr.  Mudd  laid  over  in- 
formally and  three  hundred  copies  ordered  printed. 

Section  thirty-three  of  the  report  of  the  Committee 
on  Judicial  Department  pending  at  adjournment  on  yester- 
day was  then  read  and  adopted. 

Section  thirty-four  was  read. 

Mr.  Nickerson  offered  the  following  substitute  for 
Section  thirty-four: 

Strike  out  Section  thirty-four  and  substitute  the  following  in  lieu 
thereof:  "In  counties  having  a  population  exceeding  forty  thousand, 
the  General  Assembly  may  establish  separate  courts  for  the  trial  of  crim- 
inal cases  only.  Three  or  more  counties  each  having  a  population  ex- 
ceeding fifteen  thousand  may  be  formed  into  a  circuit,  in  which  separate 
criminal  courts  may  be  established,  and  if  not  so  established  the  circuit 
courts  may  be  required  to  hold  separate  terms  for  criminal  business." 

which  was  read. 

On  motion  of  Mr.  Adams,  Section  thirty-four  was 
passed  over  informally  and  the  consideration  of  Section 
one  of  the  report  with  pending  substitute  offered  by  Mr. 
Dysart  was  resumed. 

Mr.  Adams  offered  the  following  amendment  to  Section 
one: 

Amend  Section  one  by  adding  after  the  words  "Supreme  Court" 
in  the  second  line  the  words,  "in  the  St.  Louis  Court  of  Appeals,"  add  the 
word   "and"   after  the   words   "county  courts"   in    the  third  line,   and 


422 


JOURNAL  OF  THE  MISSOURI 


strike  out  the  balance  of  the  section  after  the  word  "courts"  in  the  fourth 
line. 

which  was  read  and  agreed  to. 

The  question  recurring  upon  the  adoption  of  the  sub- 
stitute offered  by  Mr.  Dysart  for  Section  one,  it  was  rejected. 

The  question  recurring  upon  the  adoption  of  Section 
one  as  amended,  it  was  adopted. 

The  consideration  of  Section  five  with  amendment  of- 
310]  fered  by  Mr.  Roberts  and  the  substitute  offered  by 
Mr.  Ross  of  Polk  was  then  resumed. 

Mr.  Ross  of  Polk  offered  the  following  amendment 
to  the  substitute: 

Amend  the  substitute  by  inserting  after  the  words  "three  judges" 
the  following:  "but  the  number  of  judges  may  be  increased  by  the  Gen- 
eral Assembly  to  a  number  not  exceeding  five  when  it  shall  be  deemed 
necessary," 

which  was  read. 

On  motion  of  Mr.  Crews,  leave  of  absence  was  granted 
Mr.  Letcher. 

On  motion  of  Mr.  Spaunhorst,  leave  of  absence  was 
granted  Mr.  Taylor  of  Jasper. 

The  question  being  upon  the  adoption  of  the  amend- 
ment to  Section  five,  offered  by  Mr.  Roberts,  Mr.  Norton 
called  for  a  division  of  the  question. 

The  question  being  upon  the  motion  to  strike  out,  and 
the  ayes  and  noes  being  demanded  by  five  members,  the 
motion  to  strike  out  was  agreed  to  by  the  following  vote: 

AYES 


Allen 

Davis 

Hardin 

McKillop 

Rucker 

Alexander 

Dysart 

Holliday 

Pipkin 

Shields 

Boone 

Edwards 

Hyer 

Priest 

Spaunhorst 

Bradfield 

of  Iron 

Mabrey 

Rider 

Todd 

Broadhead 

Edwards 

Massey 

Rippey 

Wagner 

Conway 

of  St.  Louis 

Maxey 

Roberts 

Wallace        31 

Crews 

Gantt 

McKee 
NOES 

Adams 

Cottey 

Eitzen 

Halliburton 

Johnson 

Black 

Crockett 

Fyan 

Hammond 

of  Cole 

Chrisman 

Dryden 

Hale 

Lay 

CONSTITUTIONAL  CONVENTION,   1875       423 


McAfee 
Mudd 


Niekerson 
Norton 


Ray  Ross 

Ross  of  Polk 

of  Morgan    Shackelford 


Brockmeyer     Gottschalk 


ABSENT 
Lackland 


Mortell 


Carleton 
Farris 


ABSENT  WITH  LEAVE 
Johnston  MeCabe  Taylor 


of  Nodaway  Switzler 
Letcher 


of  Jasper 


Shanklin 
Watkins 
Mr.  President 
24 

Pulitzer  5 


Taylor 
of  St.  Louis  8 


The  question  being  upon  the  motion  to  insert  it  was 
agreed  to. 

Mr.  Boone  offered  the  following  amendment  to  Section 
five : 

Amend  Section  five  by  striking  out  the  word  "five"  and  inserting 
in  lieu  thereof  the  word  "three"  and  by  striking  out  the  word  "three" 
and  inserting  in  lieu  thereof  the  word  "two." 

311]         The  ayes  and  noes  being  demanded  by  five  mem- 
bers, the  amendment  was  rejected  by  the  following  vote: 

AYES 


Boone 

Edwards 

Mabrey 

Ray 

Shields 

Bradfield 

of  Iron 

Maxey 

Rider 

Wagner 

Crockett 

Fyan 

Mudd 

Rippey 

Watkins 

Davis 

Gantt 

Pipkin 

Ross 

Mr.  President 

Dysart 

Halliburton 
Hyer 

Priest 
Pulitzer 

NOES 

of  Polk 

24 

Adams 

Cottey 

Hammond 

Massey 

Ross 

Allen 

Crews 

Hardin 

McAfee 

of  Morgan 

Alexander 

Dry den 

Holliday 

McKee 

Shackelford 

Black 

Edwards 

Johnson 

McKillop 

Shanklin 

Broadhead 

of  St.  Louis 

of  Cole 

Niekerson 

Spaunhorst 

Chrisman 

Eitzen 

Lackland 

Norton 

Todd 

Conway 

Hale 

Lay 

ABSENT 

Roberts 

Wallace        32 

Brockmeyer 

Gottschalk 

Mortell 

Rueker 

4 

ABSENT  WITH 

LEAVE 

Carleton 

Johnston 

McCabe 

Taylor 

Taylor 

Farris 

of  Nodaway 
Letcher 

Switzler 

of  Jasper 

of  St.  Louis  8 

424  JOURNAL  OF  THE  MISSOURI 

The  question  recurring  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Ross  of  Polk  to  the  substitute  for  Sec- 
tion five,  it  was  rejected. 

The  question  recurring  upon  the  adoption  of  the  sub- 
stitute, it  was  rejected. 

Mr.  Crews  offered  the  following  amendment  to  Section 
five: 

Amend  Section  five  by  adding  the  following:  "and  they  shall  be 
paid  a  salary  to  be  fixed  by  law,  which  shall  be  larger  than  the  salary 
of  any  other  judicial  officer  of  the  State  and  which  shall  not  be  diminished 
by  taxation  or  otherwise  during  their  continuance  in  office." 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  Section 
five  as  amended,  it  was  adopted. 

Section  six  was  then  read  and  adopted. 

Section  seven  was  read. 

Mr.  Hardin  offered  the  following  amendment  to  Sec- 
tion seven: 

Amend  Section  seven  by  striking  out  all  after  the  word  "court"  in 
line  one  to  the  word  "shall"  in  line  three  and  by  striking  out  the  word 
"also"  in  line  three. 

which  was  read  and  agreed  to. 

Mr.  Shanklin  offered  the  following  amendment  to  Sec- 
tion seven: 

312]         Amend  Section  seven  by  striking  out  "thirty-five"  in  the  fourth 
line  and  insert  "thirty"  in  lieu  thereof. 

which  was  read  and  agreed  to. 

Mr.  Todd  offered  the  following  amendment  to  Section 
seven  as  amended: 

Amend  Section  seven  by  adding  the  words,  "and  not  exceeding 
seventy  years  of  age  and  shall  not  continue  in  office  after  the  age  of 
seventy  years." 

which  was  read  and  agreed  to. 

Mr.  Conway  offered  the  following  amendment  to  Sec- 
tion seven  as  amended: 

Amend  by  striking  out  the  word  "such"  in  line  five  and  inserting 
ip  lieu  thereof  the  word  "their." 

which  was  read  and  agreed  to. 


CONSTITUTIONAL  CONVENTION,   1875       425 


The  question  being  upon  the  adoption  of  Section  seven 
as  amended,  and  the  ayes  and  noes  being  demanded  by  five 
members,  the  section  as  amended  was  rejected  by  the  fol- 
lowing vote: 


AYES 


Bradfield 

Davis 

Maxey 

Priest 

Shanklin 

Chrisman 

Eitzen 

Mudd 

Rider 

Todd 

Cottey 

Hale 

Pipkin 

Shackelford 

Wagner         17 

Crockett 

Halliburton 

NOES 

Adams 

Dysart 

HoUiday 

McKee 

Ross 

Allen 

Edwards 

Hyer 

McKillop 

of  Polk 

Alexander 

of  Iron 

Johnson 

Nickerson 

Shields 

Black 

Edwards 

of  Cole 

Norton 

Spaunhorst 

Boone 

of  St.  Louis 

Lackland 

Pulitzer 

Wallace 

Broadhead 

Fyan 

Lay 

Rippey 

Watkins 

Conway 

Gantt 

Mabrey 

Roberts 

Mr.  President 

Crews 

Hammond 

Massey 

Ross 

38 

Dryden 

Hardin 

McAfee 
ABSENT 

of  Morgan 

Broekmeyer 

Gottschalk 

Mortell 

Ray 

Rucker           5 

ABSENT  WITH 

LEAVE 

Carleton 

Johnston 

McCabe 

Taylor 

Taylor 

Farris 

of  Nodaway 

Switzler 

of  Jasper 

of  St.  Louis  8 

Letcher 

Mr.  Shields  offered  the  following  as  a  new  section  in 
lieu  of  Section  seven: 

Amend  the  report  by  adding  the  following  as  a  new  section  to  take 
the  place  of  Section  seven:  "The  Supreme  Judges  of  the  Supreme  Court 
hereafter  elected  or  appointed  shall  be  citizens  of  the  United  States, 
not  less  than  thirty  nor  more  than  seventy  years  old,  and  shall  have  been 
313]  citizens  of  this  State  for  five  years  next  preceding  their  election  or 
appointment  arid  shall  be  learned  in  the  law;  and  no  judge  hereafter 
elected  or  appointed  shall  continue  in  office  after  the  reaching  the  age 
of  seventy  years." 

which  was  read. 

Mr.  Lackland  offered  the  following  as  a  substitute  for 
the  proposed  new  section: 

Section  7.  The  judges  of  the  Supreme  Court  shall  be  citizens  of  the 
United  States,  not  less  than  thirty  years  old  and  shall  have  been  citizens 


426 


JOURNAL  OF  THE  MISSOURI 


of  this  State  for  five  years  next  preceding  their  election  or  appointment, 
and  shall  be  learned  in  the  law. 

which  was  read. 

Mr.  Mudd  offered  the  following  amendment  to  the  pro- 
posed new  section  offered  by  Mr.  Shields: 

Amend  by  inserting  after  the  word  "seventy"  wherever  it  occurs  the 
word  "five." 

which  was  read  and  rejected. 

Mr.  Spaunhorst  offered  the  following  amendment  to 
the  proposed  new  section  offered  by  Mr.  Shields: 

Amend  the  proposed  new  section,  by  striking  out  all  after  the  word 
"law." 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  the  sub- 
stitute offered  by  Mr.  Lackland,  and  the  ayes  and  noes 
being  demanded  by  five  members,  the  substitute  was  agreed 
to  by  the  following  vote: 

AYES 


Adams 

Dryden 

Gantt 

McAfee 

Ross 

Black 

Dysart 

Hammond 

McKee 

of  Morgan 

Broadhead 

Edwards 

Hardin 

Nickerson 

Ross 

Chris  man 

of  Iron 

Hyer 

Norton 

of  Polk 

Cottey 

Edwards 

Lackland 

Pulitzer 

Spaunhorst 

Crews 

of  St.  Louis 

Mabrey 

Rippey 

Watkins        30 

Davis 

Fyan 

Massey 
NOES 

Roberts 

AUen 

Eitzen 

Lay 

Rider 

Wagner 

Alexander 

Hale 

Maxey 

Shackelford 

Wallace 

Boone 

Halliburton 

McKillop 

Shanklin 

Mr.  President 

Bradfield 

Johnson 

Mudd 

Shields 

Conway 

of  Cole 

Pipkin 

Todd 

Crockett 

Priest 

ABSENT 

24 

Brockmeyer 

Holliday 

Mortell 

Ray 

Rueker            6 

Gottschalk 

ABSENT  WITH 

LEAVE 

Carleton 

Johnston 

McCabe 

Taylor 

Taylor 

Farris 

of  Nodaway 

Switzler 

of  Jasper 

of  St.  Louis  8 

Letcher 


CONSTITUTIONAL  CONVENTION,   1875      427 

314]  The  question  recurring  upon  the  adoption  of  the 
proposed  new  section,  as  amended  by  the  substitute  offered 
by  Mr.  Lackland,  it  was  adopted. 

On  motion  of  Mr.  Spaunhorst  the  Convention  adjourned 
until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  Convention  resumed  the  consideration  of  the  re- 
port of  the  Committee  on  Judicial  Department. 

Mr.  Pipkin  offered  the  following  as  a  new  section  to  the 
report: 

Section — .  No  person  shall  be  eligible  to  be  elected  or  appointed 
judge  of  the  Supreme  Court,  the  St.  Louis  Court  of  Appeals  or  any 
circuit  court  after  he  has  attained  the  age  of  seventy  years. 

which  was  read. 

Mr.  Holliday  offered  the  following  amendment  to  the 
proposed  new  section: 

Amend  the  proposed  section  by  striking  out  the  word  "twenty" 
and  insert  the  word  "seventy-five"  in  lieu  thereof. 

which  was  read. 

Mr.  Spaunhorst  offered  the  following  amendment  to 
the  amendment: 

Amend  the  amendment  by  inserting  "sixty-five"  in  place  of  "sev- 
enty-five." 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  the  amend- 
ment offered  by  Mr.  Holliday,  it  was  rejected. 

On  motion  of  Mr.  Nickerson,  leave  of  absence  was 
granted  Mr.  Lay. 

The  question  then  recurring  on  the  adoption  of  the 
proposed  new  section,  and  the  ayes  and  noes  being  de- 
manded by  five  members,  the  proposed  section  was  re- 
jected by  the  following  vote: 


428 


JOURNAL  OF  THE  MISSOURI 


AYES 


315]  Allen 

Edwards 

Johnson 

Priest 

Todd 

Alexander 

of  Iron 

of  Cole 

Ross 

Wagner 

Boone 

Eitzen 

McKillop 

of  Polk 

Wallace 

Conway 

Hale 

Mudd 

Shackelford 

Mr.  President 

Crockett 

Halliburton 

Nickerson 
Pipkin 

NOES 

Shanklin 
Shields 

23 

Adams 

Cottey 

Edwards 

Hyer 

Norton 

Black 

Crews 

of  St.  Loui 

s  Lackland 

Rippey 

Bradfield 

Davis 

Fyan 

Mabrey 

Ross 

Broadhead 

Dryden 

Gantt 

Massey 

of  Morgan 

Broekmeyer 

Dysart 

Hammond 

McAfee 

Spaunhorst 

Chrisman 

Holliday 
ABSENT 

McKee 

Watkins        27 

Gottschalk 

Maxey 

Pulitzer 

Rider 

Rucker            9 

Hardin 

Mortell 

Ray 

Roberts 

ABSENT  WITH 

LEAVE 

Carleton 

Johnston 

Letcher 

Taylor 

Taylor 

Farris 

of  Nodaway  McCabe 

of  Jasper 

of  St.  Louis 

Lay 

Switzler 

9 

Mr.  McAfee  moved  to  reconsider  the  vote  by  which  the 
proposed  section  was  rejected  and  to  lay  his  motion  to  re- 
consider on  the  table,  which  was  agreed  to.        ^ 

Section  eight  was  read  and  adopted. 

Section  nine  was  read. 

Mr.  Norton  offered  the  following  amendment  to  Sec- 
tion nine: 

Amend  Section  nine  by  striking  out  the  words,  "in  the  first  dis- 
trict," in  the  third  line  and  all  after  the  word  "elected"  in  the  fourth  line. 

which  was  read  and  agreed  to. 

Section  nine  as  amended  was  then  adopted. 

Mr.  Boone  called  up  his  motion  to  reconsider  the  vote 

by    which    Section was    rejected.     The    motion    to 

reconsider  was  agreed  to. 

Mr.  Boone  olTered  the  following  substitute  for  Section 
ten  of  the  report: 

No  writ  of  error  or  appeal  shall  lie  to  the  Supreme  Court  in  any 
civil  case  for  the  recovery  of  money  only,  or  personal  property,  or  dam- 


CONSTITUTIONAL  CONVENTION,   1875       429 

ages  for  injury  thereto,  unless  the  money  or  damages,  or  value  of  the  prop- 
erty claimed,  exclusive  of  costs  shall  exceed  one  hundred  dollars;  except 
upon  the  presentation  of  a  copy  of  the  record,  the  Supreme  Court  shall 
allow  the  same. 

which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  substitute  was  rejected  by  the  following  vote: 


AYES 


316J  Alexander  Dysart 
Boone  Hale 

Bradfield  Hammond 

Brockmeyer     Hyer 
Conway  Johnson 

Cottey  of  Cole 


Lay 

Rippey 

Wagner 

Massey 

Rucker 

Watkins 

Nickerson 

Shields 

Mr.  President 

Pipkin 

Spaunhorst 

24 

Priest 

Todd 

NOES 

Adams  Dryden  Halliburton  McKee 

Allen  Edwards  Hardin  McKillop 

Black  of  Iron  Holliday  Mudd 

Broadhead  Edwards  Lackland  Norton 

Chrisman  of  St.  Louis  Mabrey  Ray 

Crews  Eitzen  Maxey  Rider 

Crockett  Fyan  McAfee  Roberts 

Davis  Gantt 


Ross 

of  Morgan 
Ross 

of  Polk 
Shackelford 
Shanklin 
Wallace         33 


Gottschalk        Mortell 


ABSENT 
Pulitzer 


ABSENT  WITH  LEAVE 

Carleton            Johnston           McCabe  Taylor 

Farris                   of  Nodaway    Switzler  of  Jasper 
Letcher 


Taylor 
of  St.  Louis  8 


Mr.  Conway  offered  the  following  amendment  to  Sec- 
tion ten: 

Amend  by  inserting  in  line  two  after  the  word  "court"  the  words, 
"or  the  St.  Louis  Court  of  Appeals." 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  Section  ten, 
and  the  ayes  and  noes  being  demanded  by  five  members,  the 
section  was  rejected  by  the  following  vote: 


430 


JOURNAL  OF  THE  MISSOURI 


AYES 


Adams 

Hale 

Massey 

Ross 

Wagner 

Conway 

Hammond 

Priest 

of  Polk 

Mr.  President 

Cottey 

Johnson 

Ray 

Shields 

17 

Dysart 

of  Cole 

Rippey 

Todd 

Gantt 

NOES 

Allen 

Crockett 

Halliburton 

McKee 

Ross 

Alexander 

Davis 

Hardin 

McKillop 

of  Morgan 

Black 

Dryden 

Holliday 

Mudd 

Rucker 

Boone 

Edwards 

Hyer 

Nickerson 

Shackelford 

Bradfield 

of  Iron 

Lackland 

Norton 

Shanklin 

Broadhead 

Edwards 

Lay 

Pipkin 

Spaunhorst 

Brockmeyer 

of  St.  Louis 

Mabrey 

Rider 

Wallace 

Chrisman 

Eitzen 

Maxey 

Roberts 

Watkins        40 

Crews 

Fyan 

McAfee 
ABSENT 

Mortell 

Gottschalk 

Pulitzer 

3 

ABSENT  WITH 

LEAVE 

Carleton 

Johnston 

McCabe 

Taylor 

Taylor 

Farris 

of  Nodaway 
Letcher 

Switzler 

of  Jasper 

of  St.  Louis  8 

317]         Section  thirteen  was  read  and  adopted. 

Mr.  Crews  moved  to  reconsider  the  vote  by  which  Sec- 
tion eighteen  was  adopted,  which  was  agreed  to. 

Mr.  Broadhead  moved  to  reconsider  the  vote  by  which 
the  amendment  offered  by  Mr.  Gottschalk  to  Section 
eighteen  was  adopted,  which  was  agreed  to. 

On  motion  of  Mr.  Broadhead,  Section  eighteen  and  the 
amendment  was  laid  over  informally. 

Mr.  Dryden  gave  notice  that  he  would  move  to  recon- 
sider the  vote  by  which  Sections  fourteen,  fifteen,  sixteen 
and  seventeen  of  the  report  were  adopted  and  to  have 
this  motion  entered  on  the  journal. 

Section  twenty-seven  with  pending  amendments,  passed 
over  informally  on  yesterday,  was  taken  up. 

Mr.  Shanklin  offered  the  following  substitute  for  Sec- 
tion twenty-seven  and  pending  amendments: 


CONSTITUTIONAL  CONVENTION,   1875       431 

The  State,  except  as  otherwise  provided  in  this  Constitution,  shall 
be  divided  into  convenient  circuits  of  contiguous  counties,  in  each  of 
which  circuits  one  circuit  judge  shall  be  elected  after  the  first  day  of 
January,  eighteen  hundred  and  eighty-one.  Such  circuits  shall  not  ex- 
ceed twenty  in  number,  and  such  circuits  as  now  or  hereafter  constituted 
may  be  changed,  enlarged,  diminished  or  abolished,  from  time  to  time 
as  the  public  service  may  require,  and  whenever  a  circuit  shall  be  abol- 
ished the  office  of  judge  of  such  circuit  shall  cease. 

which  was  read. 

Mr.  Hardin  offered  the  following  amendment    to  the 
substitute: 

Amend  by  adding  the  following:  "The  circuit  judges  now  in  of- 
fice shall  hold  their  offices  until  the  expiration  of  their  respective  terms." 

which  was  read. 

On  motion  of  Mr.  Spaunhorst  the  Convention  adjourned 
until  tomorrow  morning  at  9  o'clock  a.  m. 


318]  FRIDAY,  JUNE  25,  1875 

MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  the  Rev.  A.  H.  Parker. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Pipkin  offered  the  following  resolution: 

Resolved,  That  a  committee  of  three  members  be  appointed  to  ex- 
amine the  Senate  Chamber  and  report  to  the  Convention  whether  the 
same  can  be  used  for  the  sessions  of  this  body. 

which  was  read  and  adopted. 

On  motion  of  Mr.  Chrisman,  leave  of  absence  was 
granted  Mr.  Shackelford. 

On  motion  of  Mr.  Davis,  leave  of  absence  was  granted 
Mr.  Shields. 

On  motion  of  Mr.  Shanklin,  leave  of  absence  was 
granted  Mr.  Rucker. 

The  Convention  resumed  the  consideration  of  Section 
twenty-seven  of  the  report  of  the  Committee  on  Judicial 
Department  and  amendments  pending  at  adjournment. 


432 


JOURNAL  OF  THE  MISSOURI 


The  question  recurring  on  agreeing  to  the  amendment 
offered  by  Mr.  Halliburton  as  amended,  it  was  rejected. 

Mr.  Hardin  offered  the  following  amendment  to  Sec- 
tion twenty-seven: 

Amend  Section  twenty-seven  by  adding,  "provided,  the  circuit 
judges  now  in  office  shall  hold  their  offices  until  the  expiration  of  their 
respective  terms." 

which  was  read. 

Mr.  Cottey  moved  the  previous  question.  The  ayes 
and  noes  being  demanded  by  five  members,  the  Convention 
refused  to  order  the  previous  question  by  the  following  vote: 

AYES 


Adams 

Brockmeyer 

Edwards 

Maxey 

Pulitzer 

Allen 

Chrisman 

of  St.  Louis 

McAfee 

Ray 

Alexander 

Cottey 

Eitzen 

McKillop 

Rippey 

Black 

Dysart 

Gantt 

Nickerson 

Roberts 

Boone 

Edwards 

Hale 

Norton 

Wagner 

Broadhead 

of  Iron 

Holliday 
Hyer 

NOES 

Priest 

Watkins        29 

Bradfield 

Fyan 

Lackland 

Pipkin 

Shanklin 

Conway 

Halliburton 

Lay 

Rider 

Spaunhorst 

Crews 

Hammond 

Mabrey 

Ross 

Todd 

Crockett 

Hardin 

Massey 

of  Morgan 

Wallace 

Davis 

Johnson 

McKee 

Ross 

Mr.  President 

Dryden 

of  Cole 

Mudd 

ABSENT 

of  Polk 

26 

Gottschalk        Mortell 


319]  Carleton  Letcher 
Farris  McCabe 

Johnston  Rucker 

of  Nodaway 


ABSENT  W^ITH   LEAVE 

Shackelford      Taylor  Taylor 

Shields  of  Jasper  of  St.  Louis 

Switzler  11 


Mr.  Ross  moved  to  reconsider  the  vote  by  which  the 
Convention  refused  to  order  the  previous  question,  which 
was  agreed  to. 

Mr.  Cottey  then  withdrew  his  motion  for  the  previous 
question. 


CONSTITUTIONAL  CONVENTION,   1875       433 

The  question  recurring  on  agreeing  to  the  amendment 
offered  by  Mr.  Hardin  to  Section  twenty-seven,  and  the 
ayes  and  noes  being  demanded  by  five  members,  the  amend- 
ment was  rejected  by  the  following  vote: 


AYES 


Allen 

Edwards 

Johnson 

McAfee 

Wallace 

Bradfield 

of  St.  Louis 

of  Cole 

McKee 

Watkins 

Broadhead 

Eitzen 

Lay 

Mudd 

Mr.  President 

Crews 

Hardin 

Massey 

Rider 

19 

Crockett 

Hyer 

NOES 

Adams 

Davis 

Hammond 

Norton 

Ross 

Alexander 

Dryden 

Holliday 

Pipkin 

of  Morgan 

Black 

Dysart 

Lackland 

Priest 

Ross 

Boone 

Edwards 

Mabrey 

Pulitzer 

of  Polk 

Brockmeyer 

of  Iron 

Maxey 

Ray 

Shanklin 

Chrisman 

Gantt 

McKillop 

Rippey 

Spaunhorst 

Conway 

Hale 

Nickerson 

Roberts 

Todd 

Cottey 

Halliburton 

ABSENT 

Wagner         35 

Gottschalk 

Mudd 

2 

ABSENT  WITH  LEAVE 

Carleton 

Letcher 

Shackelford 

Taylor 

Taylor 

Farris 

McCabe 

Shields 

of  Jasper 

of  St.  Louis  11 

Jolinston 

Rucker 

Switzler 

of  Nodaway 

EXCUSED 

Fyan  1 

Mr.  Todd  offered  the  following  amendment  to  Section 

twenty-seven: 

Amend  by  inserting  after  the  words  "shall  be  elected"  in  line  three, 
these  words:  "But  no  circuit  shall  be  established,  the  circuit  court 
business  of  which  shall  not  be  enough  to  occupy  the  time  and  ser- 
vices of  the  judge  for  at  least  seven  months,  on  the  average,  annually 
as  nearly  as  the  same  may  be  reasonably  ascertained.  Towards  as- 
certaining this,  the  judge  of  every  circuit  court  shall  report  to  the  Gen- 
eral Assembly,  at  each  session  thereof,  the  number  of  days  of  the  holding 
of  his  court,  since  the  next  preceding  session  of  the  Assembly." 

which  was  read  and  rejected. 


434 


JOURNAL  OF  THE  MISSOURI 


Mr.  Johnson  of  Cole  offered  the  following  amendment 
to  Section  twenty-seven: 

Amend  Section  twenty-seven  by  striking  out  all  after  the  word 
"required"  in  the  fourth  line. 

320]  which  was  read  and  rejected. 

The  question  recurring  on  agreeing  to  the  amendment 
offered  by  Mr.  Hardin  to  the  pending  substitute,  it  was  re- 
jected. 

Mr.  Maxey  offered  the  following  amendment  to  the  sub- 
stitute: 

Strike  out  all  after  "election"  in  the  sixth  line  and  add  the  following: 
"the  Legislature  shall  before  the  general  election  in  1880,  divide  the  State 
in  not  more  than  twenty  judicial  circuits  and  the  circuits  as  are  now 
and  hereafter  may  be  constituted  may  be  altered,  diminished  or  abol- 
ished, and  when  so  abolished  the  office  of  judge  of  said  circuit  shall  cease." 

which  was  read  and  rejected. 

Mr.  Hale  rose  to  a  point  of  order. 

The  question  recurring  on  the  adoption  of  the  substitute, 
and  the  ayes  and  noes  being  demanded  by  five  members, 
the  substitute  was  rejected  by  the  following  vote: 

AYES 


Bradfield 

Eitzen 

McAfee 

Priest 

Todd 

Conway 

Halliburton 

McKee 

Rider 

Wagner 

Crockett 

Hyer 

Mudd 

Rippey 

Mr.  President 

Davis 

Maxey 

Pipkin 

Shanklin 

19 

NOES 


Adams 

Cottey 

Gantt 

Mabrey 

Ross 

Allen 

Crews 

Hale 

Massey 

of  Morgan 

Alexander 

Dryden 

Hammond 

McKillop 

Ross 

Black 

Dysart 

Hardin 

Nickerson 

of  Polk 

Boone 

Edwards 

Holliday 

Norton 

Spaunhorst 

Broadhead 

of  Iron 

Johnson 

Ray 

Wallace 

Brockmeyer 

Edwards 

of  Cole 

Roberts 

Watkins        33 

Chrisman 

of  St.  Louis 

Lackland 
ABSENT 

Gottschalk 

Lay 

Mortell 

Pulitzer 

4 

CONSTITUTIONAL  CONVENTION,  1875       435 


ABSENT  WITH  LEAVE 


Carleton           Letcher 

Rucker              Switzler 

Taylor 

Farris                McCabe 

Shackelford      Taylor 

of  St.  Louis 

Johnston 

Shields                  of  Jasper 

of  Nodaway 

EXCUSED 

1 

Fyan  1 

Mr.  Pipkin  offered  the  following  substitute  for  Section 
twenty-seven: 

At  the  session  of  the  General  Assembly  held  next  before  the  general 
election  in  the  year  1880  the  State,  except  as  otherwise  provided  in  this 
Constitution,  shall  be  divided  into  convenient  circuits  of  contiguous 
counties  not  to  exceed  twenty  in  number.  Such  circuits  may  be  changed, 
enlarged,  diminished  or  abolished  from  time  to  time  as  public  convenience 
may  require  and  whenever  a  circuit  shall  be  abolished  the  office  of  judge 
of  such  circuit  shall  cease. 

which  was  read. 

321]         The  ayes  and  noes  being  demanded  by  five  mem- 
bers, the  substitute  was  rejected  by  the  following  vote: 


AYES 

Bradfield 

Eitzen 

Massey 

Pipkin 

Shanklin 

Crews 

Halliburton 

Maxey 

Priest 

Wagner 

Crockett 

Hardin 

McAfee 

Rider 

Mr.  President 

Edwards 

Hyer 

McKee 

Rippey 

21 

of  Iron 

Lay 

Mudd 

NOES 

Adams 

Chrisman 

Gantt 

Mabrey 

Ross 

Allen 

Conway 

Hale 

McKillop 

of  Morgan 

Alexander 

Cottey 

Hammond 

Nickerson 

Ross 

Black 

Davis 

Holliday 

Norton 

of  Polk 

Boone 

Dryden 

Johnson 

Ray 

Spaunhorst 

Broadhead 

Dysart 

of  Cole 

Roberts 

Wallace 

Brockmeyer 

Edwards 
of  St.  Louis 

Lackland 
ABSENT 

Watkins       31 

Gottschalk 

Mortell 

Pulitzer 

Todd 

4 

ABSENT  WITH  LEAVE 

Carleton 

Letcher 

Shackelford 

Taylor 

Taylor 

Farris 

McCabe 

Shields 

of  St.  Louis 

of  Jasper  1 1 

Johnston 

Rucker 

Switzler 

of  Nodaway 

EXCUSED 

Fyan 


436 


JOURNAL  OF  THE  MISSOURI 


Mr.  Wagner  offered  the  following  substitute  for  Section 
twenty-seven: 

Strike  out  Section  twenty-seven  and  insert  the  following:  "The 
State,  exclusive  of  the  county  of  St.  Louis  and  other  counties  having  a 
population  of  one  hundred  thousand  inhabitants,  shall  be  divided  into 
judicial  circuits  prior  to  the  time  of  the  expiration  of  the  terms  of  office 
of  the  present  judges  of  the  circuit  court.  Each  circuit  shall  be  formed 
of  contiguous  counties,  in  as  nearly  compact  form  and  as  nearly  equal 
as  circumstances  will  permit,  having  due  regard  to  business  territory 
and  population,  and  shall  not  exceed  in  number  one  circuit  for  every 
100,000  of  population  in  the  State.  One  judge  shall  be  elected  for  each 
of  said  circuits  by  the  elections  thereof.  New  circuits  may  be  formed 
and  the  boundaries  of  circuits  changed  by  the  General  Assembly,  at  its 
session  next  preceding  the  election  for  circuit  judges  but  at  no  other 
time:  Provided,  that  the  circuits  may  be  equalized  and  changed  at  the 
first  session  of  the  General  Assembly  after  the  adoption  of  this  Consti- 
tution. The  creation,  alteration  or  change  of  any  circuit  shall  not  affect 
the  terms  of  office  of  any  judge.  Whenever  the  business  of  the  circuit 
court  of  any  one  or  of  two  or  more  contiguous  counties  containing  a 
322]  population  exceeding  50,000  shall  occupy  nine  monthsof  the  year,  the 
General  Assembly  may  make  of  such  county  or  counties  a  separate  circuit. 
Whenever  additional  circuits  are  created,  the  foregoing  limitation  shall 
be  observed." 

which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  substitute  was  rejected  by  the  following  vote: 


AYES 

Crews 

Hardin 

McKee 

Pipkin 

Rippey 

Eitzen 

Hyer 

McKillop 

Priest 

Wagner         13 

Halliburton 

McAfee 

Mudd 

NOES 

Adams 

Conway 

Gantt 

Mortell 

Ross 

Allen 

Cottey 

Hale 

Nickerson 

of  Polk 

Alexander 

Crockett 

Hammond 

Norton 

Shanklin 

Black 

Davis 

Holliday 

Pulitzer 

Spaunhorst 

Boone 

Dryden 

Lackland 

Ray 

Wallace 

Bradfield 

Dysart 

Lay 

Rider 

Watkins 

Broadhead 

Edwards 

Mabrey 

Roberts 

Mr.  President 

Brockmeyer 

of  Iron 

Massey 

Ross 

40 

Chrisman 

Edwards 
of  St.  Louis 

Maxey 
ABSENT 

of  Morgan 

Gottschalk 

Johnson 
of  Cole 

Todd 

3 

CONSTITUTIONAL  CONVENTION,   1875       437 

ABSENT  WITH  LEAVE 

Carleton  Letcher  Shackelford      Taylor  Taylor 

Farris  McCabe  Shields  of  Jasper  of  St.  Louis 

Johnston  Rucker  Switzler  _  11 

of  Nodaway 

EXCUSED 
Fyan  1 

The  question  recurring  on  the  adoption  of  Section 
twenty-seven,  it  was  adopted. 

Mr.  Broadhead,  chairman  of  the  St.  Louis  Delegation, 
to  which  was  referred  Section  thirty  and  pending  substitute 
offered  by  Mr.  Todd,  submitted  the  following  substitute 
for  Section  thirty: 

Amend  Section  thirty  by  substitute  as  follows : 

Section  30.  "The  circuit  court  of  St.  Louis  county  shall  be  composed 
of  five  judges  and  such  additional  number  as  the  General  Assembly  may 
from  time  to  time  provide;  each  of  said  judges  shall  sit  separately  for  the 
trial  of  causes  and  the  transaction  of  business  in  special  term.  The 
judges  of  said  circuit  court  may  sit  in  general  term  for  the  purpose  of 
making  rules  of  court  and  for  the  transaction  of  such  other  business  as 
may  be  provided  by  law,  at  such  times  as  they  may  determine,  but 
shall  have  no  power  to  review  any  order,  decision  or  proceeding  of  the 
court  in  special  term. 

323]  "The  St.  Louis  Court  of  Appeals  shall  have  exclusive  jurisdiction 
of  all  appeals  and  writs  of  error  from  and  to  the  final  decision  of  the  St. 
Louis  circuit  court  in  special  term  and  of  all  courts  of  record  having 
criminal  jurisdiction  in  the  county  of  St.  Louis." 

which  was  read  and  adopted. 

Section  thirty  as  amended  by  the  substitute  was  then 
adopted. 

Section  thirty-four  and  pending  substitute  offered  by 
Mr.  Nickerson,  passed  over  informally,  was  taken  up. 

Mr.  Wallace  offered  the  following  amendment  to  the 
substitute: 

Amend  by  inserting  the  word  "contiguous"  before  the  word  "coun- 
ties" in  the  sixth  line. 

which  was  read  and  agreed  to. 

Mr.  Holliday  offered  the  following  amendment  to  the 
substitute: 

Amend  the  substitute  by  striking  out  the  words  "fifteen  thousand" 
when  they  occur  and  insert  the  words  "twenty-five  thousand"  in  lieu 


438 


JOURNAL  OF  T  iE  MISSOURI 


thereof.     Also  strike  out  the  words  "three  counties"  and  insert  the  words 
"five  counties"  in  lieu  thereof  wherever  they  occur  in  the  substitute. 

which  was  read. 

Mr.  Nickerson,  by  unanimous  consent  of  the  Conven- 
tion, withdrew  his  substitute. 

Mr.  McAfee  offered  the  following  substitute  for  Sec- 
tion thirty-four: 

The  General  Assembly  shall  have  no  power  to  establish  criminal 
courts  in  counties  having  a  population  exceeding  fifty  thousand,  but  may 
require  separate  terms  of  the  circuit  court  to  be  held  in  all  counties  hav- 
ing a  population  exceeding  fifteen  thousand,  for  the  trial  of  criminal 

cases. 

which  was  read. 

Mr.  Rider  offered  the  following  amendment  to  the  sub- 
stitute: 

Amend  the  substitute  by  inserting  "twenty  thousand"  in  lieu  of 
"fifteen  thousand." 

which  was  read. 

Mr.  Norton  moved  to  lay  Section  thirty  and  pending 
amendments  on  the  table. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  Convention  refused  to  lay  Section  thirty  and  amend- 
ments on  the  table  by  the  following  vote: 

AYES 


Allen 

Brockmeyer 

Hardin 

Norton 

Spaunhorst 

Alexander 

Cottey 

McKee 

Roberts 

Wallace 

Black 

Edwards 

Mudd 

Ross 

Watkins        18 

Boone 

of  St.  Louis 

Nickerson 

of  Morgan 

Broadhead 

NOES 

324]  Adams 

Dysart 

Hyer 

McAfee 

Ross 

Bradfield 

Edwards 

Johnson 

McKillop 

of  Polk 

Chrisman 

of  Iron 

of  Cole 

Mortell 

Shanklin 

Conway 

Eitzen 

Lackland 

Pipkin 

Todd 

Crews 

Fyan 

Lay 

Priest 

Wagner 

Crockett 

Gantt 

Mabrey 

Ray 

Mr.  President 

Davis 

Halliburton 

Massey 

Rider 

35 

Dryden 

Hammond 

Maxey 
ABSENT 

Rippey 

Gottschalk 

Hale 

Holliday 

Pulitzer 

4 

CONSTITUTIONAL  CONVENTION,   1875       439 
ABSENT  WITH  LEAVE 


Carleton           Letcher 

Shackelford 

Taylor 

Taylor 

Farris               McCabe 

Shields 

of  Jasper 

of  St.  Louis 

Johnston           Rucker 

Switzler 

11 

of  Nodaway 

Mr.  Brockmeyer  offered  the  following  resolution: 

Resolved,  That  the  State  Auditor  be  and  he  is  hereby  requested  to 
furnish  to  this  Convention  a  statement  showing  the  various  appropria- 
tions of  money,  other  than  for  the  payment  of  the  interest  and  principal 
of  the  public  debt,  made  by  the  Twenty-fourth,  Twenty-fifth,  Twenty- 
sixth,  Twenty-seventh  and  Twenty-eighth  General  Assemblies,  inclusive, 
showing  the  aggregate  amount  of  each  appropriation  and  the  purpose 
for  which  made. 

Resolved,  That  the  Secretary  of  this  Convention  furnish  a  copy  of 
this  resolution  to  the  State  Auditor. 

which  was  read  and  adopted. 

The  President  appointed  the  following  committee  to 
examine  the  Senate  Chamber  and  report  if  it  can  be  used  for 
the  session  of  this  body. — Pipkin,  Lay  and  Fyan. 

Mr.  Lay  offered  the  following  as  an  additional  rule  to 
the  standing  rules  of  the  Convention  to  be  numbered  Rule 
53: 

Upon  a  call  of  the  ayes  and  noes  any  member  who  has  not  debated 
the  question  on  which  such  call  is  made  may  explain  his  vote,  occupying 
not  more  than  five  minutes  for  that  purpose  unless  longer  time  be  granted 
by  the  Convention. 

which  was  read  and  laid  over  under  the  rules. 

On  motion  of  Mr.  Conway,  the  Convention  adjourned 
until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  Convention  resumed  the  consideration  of  the 
325]  amendment  offered  by  Mr.  Rider  to  the  substitute  of- 
fered by  Mr.  McAfee,  pending  at  adjournment. 

The  question  recurring  upon  the  adoption  of  the 
amendment  offered  by  Mr.  Rider,  it  was  agreed  to. 


440 


JOURNAL  OF  THE  MISSOURI 


Mr.  Nickerson  offered  the  following  amendment  to  the 
substitute: 

Amend  the  substitute  by  striking  out  the  word  "twenty"  and  insert 
the  word  "eighteen"  io  lieu  thereof. 

which  was  read  and  agreed  to. 

The  question  recurring  upon  the  adoption  of  the  substi- 
tute as  amended  by  Mr.  McAfee,  it  was  adopted. 

Mr.  Wallace  offered  the  following  substitute  for  Sec- 
tion thirty-four  as  amended: 

Section  34.  In  counties  having  a  population  exceeding  fifty  thou- 
sand, the  General  Assembly  may  establish  separate  courts  for  the  trial  of 
criminal  cases  only.  Four  or  a  less  number  of  contiguous  counties, 
containing  an  aggregate  population  of  not  less  than  eighty  thousand 
inhabitants,  may  be  formed  into  criminal  circuits  for  the  transaction 
of  criminal  business  only.  In  all  other  counties,  the  circuit  courts  may 
be  required  to  hold  separate  terms  for  the  transaction  of  criminal  busi- 
ness. 

which  was  read. 

Mr.  Rippey  offered  the  following  amendment  to  the 
substitute  for  Section  thirty-four  offered  by  Mr.  McAfee: 

Amend  the  substitute  by  striking  out  all  after  the  words  "fifty 
thousand." 

which  was  read  and  agreed  to.         * 

The  question  recurring  upon  the  adoption  of  the  sub- 
stitute offered  by  Mr.  Wallace,  and  the  ayes  and  noes  being 
demanded  by  five  members,  the  substitute  was  rejected  by 
the  following  vote: 

AYES 


Nickerson 

Todd 

Wallace 

Watkins 

Mr.  President 
5 

NOES 

Adams 

Crews 

Gantt 

McAfee 

Rider 

Allen 

Crockett 

Halliburton 

McKee 

Rippey 

Alexander 

Davis 

Hammond 

McKillop 

Ross 

Black 

Dryden 

Hyer 

Mortell 

of  Morgan 

Boone 

Dysart 

Johnson 

Mudd 

Ross 

Bradfield 

Edwards 

of  Cole 

Norton 

of  Polk 

Broadhead 

of  Iron 

Lay 

Pipkin 

Shanklin 

Chrisman 

Edwards 

Mabrey 

Priest 

Spaunhorst 

Conway 

of  St.  Louis 

Massey 

Ray 

Wagner         42 

Cottey 

Fyan 

CONSTITUTIONAL  CONVENTION,   1875       441 

ABSENT 

326]  Brockmeyer  Gottschalk     Hardin  Lackland  Pulitzer 

Eitzen  Hale  Holliday        Maxey  Roberts         10 

ABSENT  WITH  LEAVE 

Carleton  Letcher  Shackelford      Taylor  Taylor 

Farris  McCabe  Shields  of  Jasper  of  St.  Louis 

Johnston  Rucker  Switzler  11 

of  Nodaway 

Section  thirty-four,  as  amended  by  the  substitute,  was 
adopted. 

Section  thirty-five  was  read. 

Mr.  Wallace  offered  the  following  amendment  to  Sec- 
tion thirty-five: 

Amend  by  adding  the  following:  "But  no  vacancy  in  the  office 
of  Supreme  or  circuit  judge  or  St.  Louis  Court  of  Appeals  shall  be  filled 
by  appointment  except  for  a  period  less  than  one  year  next  before  a  gen- 
eral election,  and  where  a  vacancy  occurs  more  than  one  year  before  a 
general  election  the  same  shall  be  filled  by  election  for  the  balance  of  the 
regular  term,  for  which  purpose  the  Governor  shall  issue  a  writ  of  elec- 
tion, upon  being  satisfied  that  said  vacancy  exists." 

which  was  read. 

Mr.  Massey  offered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Wallace: 

Amend  the  amendment  by  striking  it  out,  and  add  to  the  pending 
section  as  follows:  "Vacancies  in  the  office  of  the  judge  of  any  court  of 
record  shall  be  filled  by  appointment  by  the  Governor,  to  hold  until  the 
next  general  election.'' 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  the 
amendment  offered  by  Mr.  Wallace,  it  was  rejected. 

Mr.  Spaunhorst  offered  the  following  substitute  for 
Section  thirty-five: 

In  case  the  office  of  judge  of  any  court  of  record  shall  become  vacant 
by  death,  resignation,  removal,  failure  to  qualify,  or  otherwise,  such 
vacancy  shall  be  filled  in  the  manner  prescribed  by  law. 

which  was  read  and  adopted. 

Mr.  Adams  offered  the  following  substitute  for  Section 
thirty-five  as  amended  by  the  substitute  offered  by  Mr. 
Spaunhorst: 


442 


JOURNAL  OF  THE  MISSOURI 


Strike  out  the  substitute  as  amended  and  substitute  the  following: 
327]  "If  any  vacancy  occur  in  the  office  of  any  judge  of  a  court  of  record 
from  any  cause,  the  Governor  shall  appoint  a  suitable  person  to  fill  the 
vacancy  and  the  person  so  appointed  shall  hold  office  until  the  next 
general  election,  occurring  more  than  three  months  after  the  happening 
of  such  vacancy,  when  the  same  shall  be  filled  for  the  remainder  of  the 
term  by  election,  unless  such  election  should  be  the  one  at  which  the  full 
term  is  to  be  filled,  and  if  that  be  the  case  the  appointee  shall  hold  for  the 
remainder  of  the  vacant  term  and  until  a  successor  be  duly  qualified." 

which  was  read. 

Mr.  Johnson  of  Cole  offered  the  following  amendment 
to  the  substitute  offered  by  Mr.  Spaunhorst: 

Amend  the  substitute  by  adding,  "occurring  more  than  thirty  days 
from  such  appointment  at  which  time  the  same  shall  be  filled  by  election.'' 

which  was  read  and  agreed  to. 

Mr.  Black  offered  the  following  amendment  to  the  sub- 
stitute offered  by  Mr.  Spaunhorst,  as  amended: 

Amend  the  substitute  by  striking  out  all  after  the  word  "filled"  and 
insert  the  following:  "in  the  manner  prescribed  by  law." 

which  was  read  and  agreed  to. 

The  question  recurring  upon  the  adoption  of  the  sub- 
stitute offered  by  Mr.  Adams,  it  was  rejected. 

The  question  recurring  upon  the  adoption  of  Section 
thirty-five  as  amended  by  the  substitute  offered  by  Mr. 
Spaunhorst  as  amended,  and  the  ayes  and  noes  being  de- 
manded by  five  members,  the  section  as  amended  was 
adopted  by  the  following  vote: 

AYES 


Adams 

Cottey 

Hale 

McKillop 

Ross 

Allen 

Davis 

Hammond 

Nickerson 

of  Polk 

Alexander 

Dryden 

Hyer 

Norton 

Shanklin 

Black 

Dysart 

Lackland 

Pipkin 

Spaunhorst 

Broadhead 

Edwards 

Lay 

Ray 

Todd 

Brockmeyer 

of  St.  Louis 

Mabrey 

Rippey 

Wagner 

Chrisman 

Eitzen 

McAfee 

Roberts 

Watkins 

Conway 

Gantt 

McKee 
NOES 

Ross 

of  Morgan 

37 

Bradfield 

Edwards 

Halliburton 

Massey 

Wallace 

Crews 

of  Iron 

Johnson 

Mudd 

Mr.  President 

Crockett 

Fyan 

of  Cole 

Rider 

12 

CONSTITUTIONAL  CONVENTION,   1875      443 

ABSENT 

Boone  Hardin  Maxey  Priest  Pulitzer  8 

Gottsohalk       HoUiday  Mortell 

ABSENT  WITH  LEAVE 

328]  Carleton  Letcher  Shackelford      Taylor  Taylor 

Farris  McCabe  Shields  of  Jasper  of  St.  Louis 

Johnston  Rucker  Switzler  10 

of  Nodaway 

Section  thirty-six  was  read. 

Mr.    Lackland    offered    the    following    amendment    to 
Section  thirty-six: 

Amend  Section  thirty-six  by  adding  the  words,  "and  shall  continue 
in  oflBce,"  at  the  end  of  the  third  line  thereof. 

which  was  read  and  rejected. 

Mr.  Conway  offered  the  following  amendment  to  Sec- 
tion thirty-six: 

Amend  by  inserting  in  line  3,  before  the  word  "diminished"  the 
words,  "increased  or." 

which  was  read  and  agreed  to. 

Mr.  McKillop  offered  the  following  amendment  to  Sec- 
tion thirty-six: 

Amend  Section  thirty-six  by  striking  out  the  word  "Appellate"  in 
the  first  line  and  insert  after  the  word  "Supreme"  in  said  line  the  words, 
"Court,  St.  Louis  Court  of  Appeals." 

which  was  read  and  rejected. 

Mr.    Spaunhorst   offered   the   following   substitute   for 
Section  thirty-six: 

Section  36.  The  judges  of  the  Supreme,  appellate  and  circuit 
courts  shall,  at  stated  times,  receive  such  compensation  for  their  services, 
as  is  or  may  be  prescribed  by  law. 

which  was  read  and  rejected. 

Mr.  Lay  offered  the  following  amendment  to  Section 
thirty-six: 

Amend  Section  thirty-six  by  inserting  between  the  words  "courts" 
and  "shall"  in  the  first  line  the  words,  "and  other  courts  of  record." 

which  was  read  and  rejected. 


444  JOURNAL  OF  THE  MISSOURI 

Mr.  Gantt  offered  the  following  amendment  to  Section 
thirty-six: 

Insert  after  the  word  "courts"  in  the  first  line  the  following  words, 
"and  of  all  courts  of  record  receiving  a  salary." 

which  was  read  and  agreed  to. 

"  Mr.  Crockett  offered  the  following  substitute  for  Sec- 
tion thirty-six  as  amended: 

Substitute  for  Section  thirty-six  the  following: 

"Section  36.  The  judges  of  the  courts  of  this  State  shall  receive  a 
reasonable  compensation  for  their  services,  to  be  ascertained  and  pre- 
scribed by  law,  and  the  compensation,  when  so  prescribed,  shall  not 
be  increased  or  diminished  during  the  term  for  which  said  judges  are 
elected." 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  Section 
thirty-six  as  amended,  it  was  adopted. 

329]  Mr.  Broadhead  moved  to  reconsider  the  vote  by 
which  Section  twenty-three  was  adopted,  which  was  agreed 
to. 

Mr.  Broadhead  offered  the  following  amendment  to 
Section  twenty-three: 

Amend  Section  twenty-three  as  follows:  After  the  word  "Consti- 
tution" in  the  first  line  insert  the  following  words:  "and  after  the  close 
of  the  next  regular  term  of  the  Supreme  Court  at  St.  Louis  and  St. 
Joseph  as  now  established  by  law." 

which  was  read  and  agreed  to. 

The  question  recurring  upon  the  adoption  of  Section 
twenty-three  as  amended,  it  was  adopted. 

Section  thirty-seven  was  read. 

Mr.  Hale  offered  the  following  amendment  to  Section 
thirty-seven: 

Amend  Section  thirty-seven  by  adding  thereto  the  following:  "and 
concurrent  jurisdiction  with  the  circuit  court  in  the  assignment  of  dower 
and  partition  of  real  estate." 

which  was  read. 

Mr.  Nickerson  in  the  chair. 

Mr.  Crews  moved  that  Section  thirty-seven  and  pend- 
ing amendments  be  laid  over  informally,  which  was  not 
agreed  to. 


CONSTITUTIONAL  CONVENTION,   1875       445 

The  question  recurring  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Hale,  and  the  ayes  and  noes  being  de- 
manded by  five  members,  the  amendment  was  rejected  by 
the  following  vote: 

AYES 


Allen 

Halliburton 

Massey 

Mudd 

Roberts 

Crews 

Hardin 

McKee 

Norton 

Shanklin 

Crockett 

HoUiday 

Mortell 

Priest 

Wallace         16 

Hale 

NOES 

Alexander 

Dryden 

Gantt 

McAfee 

Ross 

Black 

Dysart 

Hammond 

McKillop 

of  Morgan 

Boone 

Edwards 

Hyer 

Nickerson 

Ross 

Bradfield 

of  Iron 

Johnson 

Pipkin 

of  Polk 

Broadhead 

Edwards 

of  Cole 

Ray 

Spaunhorst 

Brockmeyer 

of  St.  Louis 

Lay 

Rider 

Wagner 

Chrisman 

Eitzen 

Mabrey 

Rippey 

Watkins 

Conway 

Fyan 

Maxey 

Mr.  President 

Davis 

ABSENT 

35 

Adams 

Gottschalk 

Lackland 

Pulitzer 

Todd               6 

Cottey 

ABSENT  WITH 

LEAVE 

Carleton 

Letcher 

Shields 

Taylor 

Taylor 

Farris 

McCabe 

Shackelford 

of  Jasper 

of  St.  Louis 

Johnston 

Rucker 

Switzler 

11 

of  Nodaway 

330]         Mr.  Hale  offered  the  following  amendment  to  Sec- 
tion thirty-seven: 

Amend  Section  thirty-seven  by  adding  thereto  the  following  words: 
"and  such  other  jurisdiction  as  may  be  conferred  by  law." 

which  was  read  and  rejected. 

Mr.  Hale  offered  the  following  amendment  to  Section 
thirty-seven: 

Amend  Section  thirty-seven  by  adding  the  following:  "Provided, 
that  this  section  shall  not  be  so  construed  as  to  divest  any  probate  court 
heretofore  established  of  any  jurisdiction  they  may  now  have  by  law." 

which  was  read. 


446  JOURNAL  OF  THE  MISSOURI 

Mr,  Davis  offered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Hale: 

Amend  the  amendment  by  inserting  after  the  words  "probate  courts" 
the  words,  "or  courts  of  common  pleas  having  probate  jurisdiction." 

which  was  read  and  rejected. 

Mr.  Allen  moved  that  Section  thirty-seven  with  pend- 
ing amendments  be  laid  over  informally,  which  was  agreed 
to. 

On  motion  of  Mr.  Hardin  the  Convention  adjourned 
until  tomorrow  at  9  o'clock  a.  m. 


SATURDAY,  JUNE  26,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  journal  of  yesterday  was  read  and  approved. 

On  motion  of  Mr.  Holliday,  leave  of  absence  was  granted 
Mr.  Dryden. 

Mr.  McAfee  offered  the  following  resolution: 

Resolved,  That  hereafter  the  daily  meetings  and  adjournments  of 
the  Convention  be  as  follows:  Convene  at  8:30  o'clock  a.  m.  and  not 
adjourn  earlier  than  12:30  p.  m. ;  then  meet  at  2  p.  m.  and  not  adjourn 
earlier  than  6  p.  m. 

which  was  read. 

Mr.  Spaunhorst  offered  the  following  amendment  to 
the  resolution: 

Amend  the  resolution  by  striking  out  the  words  "12:30"  and  the 
word  "6:00." 

which  was  read. 

331]  The  question  being  upon  the  adoption  of  the 
amendment  offered  by  Mr.  Spaunhorst,  and  the  ayes  and 
noes  being  demanded  by  five  members,  the  amendment  was 
rejected  by  the  following  vote: 


CONSTITUTIONAL  CONVENTION,    1875       447 


Brockmeyer 

Crews 

Dysart 

Edwards 


Eitzen 
HoUiday 
Johnson 
of  Cole 


of  St.  Louis  Lackland 


Adams 

Allen 

Alexander 

Black 

Boone 

Brad  field 

Carleton 

Chrisman 


Conway 
Cottey 
Crockett 
Davis 
Edwards 
of  Iron 
Fyan 


AYES 

Letcher 

McCabe 

McKee 

McKillop 

Mudd 

NOES 

Gantt 

Hale 

Halliburton 

Hammond 

Hyer 

Lay 

Mabrey 


Nickerson 
Ray 
Rider 
Ross 

of  Morgan 


Massey 

Maxey 

McAfee 

Norton 

Pipkin 

Priest 

Rippey 


Spaunhorst 
Switzler 
Todd 
Wallace 
Watkins        22 


Roberts 
Ross 

of  Polk 
Shanklin 
Wagner 
Mr.  President 
33 


Broadhead        Gottsehalk 


ABSENT 
Hardin  Mortell  Pulitzer  5 


ABSENT  WITH  LEAVE 

Dryden  Johnston  Rucker  Shields 

Farris  of  Nodaway  Shackelford      Taylor 

of  Jasper 


Taylor 

of  St.  Louis 


8 


Mr.  McAfee  moved  a  suspension  of  the  rules  for  the 
consideration  of  his  resolution.  The  ayes  and  noes  being 
demanded  by  five  members,  the  Convention  refused  to 
suspend  the  rules  by  the  following  vote: 

AYES 


Adams 

Edwards 

Hyer 

McAfee 

Ross 

Alexander 

of  Iron 

Johnson 

McKillop 

of  Polk 

Boone 

Fyan 

of  Cole 

Norton 

Shanklin 

Carleton 

Gantt 

Lay 

Rippey 

Todd 

Chrisman 

Hale 

Mabrey 

Roberts 

Wagner 

Conway 

Halliburton 

Massey 

Ross 

Mr.  President 

Cottey 

Hammond 

Maxey 

of  Morgan 

31 

Crockett 

NOES 

Allen 

Davis 

HoUiday 

Mudd 

Rider 

Black 

Dysart 

Lackland 

Nickerson 

Spaunhorst 

Bradfield 

Edwards 

Letcher 

Pipkin 

Switzler 

Brockmeyer 

of  St.  Louis 

McCabe 

Priest 

Wallace 

Crews 

Eitzen 

McKee 

Ray 

Watkms        24 

448  JOURNAL  OF  THE  MISSOURI 

ABSENT 

Broadhead        Gottschalk       Hardin  Mortell  Pulitzer  5 

ABSENT  WITH   LEAVE 

Dryden         Johnston  Shackelford      Taylor  Taylor 

Farris  of  Nodaway     Shields  of  Jasper        of  St.  Louis  8 

Rucker 

And  so  the  resolution,  fixing  a  time  for  adjournment, 
was  laid  over  until  Monday  next,  under  the  rules. 
Mr.  Todd  offered  the  following  resolution: 

332]  Resolved,   That   the    Committee   on   Miscellaneous   Provisions 

be  instructed  to  report  on  the  expediency  of  adopting  as  a  part  of  the 
Constitution  the  following  proposition:  "At  every  election  in  which  there 
shall  be  more  than  one  person  to  be  elected  for  the  like  office,  any  voter 
may  cast  for  any  designated  candidate,  as  many  votes  as  there  are  per- 
sons to  be  elected  or  may  distribute  his  votes  among  the  candidates 
at  his  discretion." 

which  was  read  and  referred  to  the  Committee  on  Mis- 
cellaneous Provisions. 

Under  a  suspension  of  the  rules,  Mr.  Lay  called  up  the 
proposed  new  rule  to  be  numbered  53  offered  by  him  on 
yesterday. 

Mr.  Adams  offered  the  following  amendment  to  the 
proposed  new  rule: 

Amend  by  striking  out  the  word  "five"  and  inserting  the  word  "two." 

which  was  read  and  rejected. 

Mr.  Dysart  offered  the  following  amendment  to  the 
proposed  new  rule: 

Amend  by  striking  out  the  words,   "unless  by  leave  of  the  Con- 
vention." 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  the  new  rule 
to  be  numbered  53,  it  was  adopted. 

The  consideration  of  Section  thirty-seven  of  the  report 
of  the  Committee  on  Judicial  Department,  with  an  amend- 
ment offered  thereto  by  Mr.  Hale,  laid  over  informally  on 
yesterday,  was  resumed. 

Mr.  Norton  offered  the  following  substitute  for  Section 
thirty-seven: 


CONSTITUTIONAL  CONVENTION,   1875       449 

strike  out  Section  thirty-seven  and  substitute  therefor  the  follow- 
ing: 

"Section  37.  The  General  Assembly  may  establish  separate  probate 
courts  in  any  of  the  counties  of  the  State,  which  shall  be  uniform  in 
organization  and  practice  and  with  such  uniform  jurisdiction  as  may 
be  established  by  law." 

which  was  read. 

The  question  being  on  the  adoption  of  the  amendment 
of  Mr.  Hale  to  Section  thirty-seven,  it  was  rejected. 

Mr.  Adams  offered  the  following  amendment  to  Section 
thirty-seven: 

Amend  Section  thirty-seven  by  adding  thereto  the  following: 
"and  also  jurisdiction  over  all  matters  pertaining  to  apprentices." 

333]  which  was  read  and  agreed  to. 

Mr.  Bradfield  offered  the  following  amendment  to  Sec- 
tion thirty-seven  as  amended: 

Amend  Section  thirty-seven  as  amended  by  striking  out  in  the  first 
line  the  word  "may"  and  insert  in  lieu  thereof  the  word  "shall"  and  by 
striking  out  the  word  "any"  and  insert  in  lieu  thereof  the  word  "every." 

which  was  read  and  agreed  to. 

Vice-President  Watkins  in  the  chair. 

Mr.  Hale  ofTered  the  following  arnendment: 

Amend  Section  thirty-seven  as  amended  by  adding  the  following: 
"Provided,  that  until  the  General  Assembly  shall  by  law  provide  for  a 
uniform  system  of  probate  courts  the  jurisdiction  of  probate  courts  here- 
tofore established  shall  remain  as  provided  by  law." 

which  was  read  and  agreed  to. 

Mr.  Hardin  offered  the  following  amendment  to  Sec- 
tion thirty-seven  as  amended: 

Amend  Section  thirty-seven  by  inserting  after  the  word  "judge," 
in  the  second  line  the  words,  "learned  in  the  law." 

which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  was  rejected  by  the  following  vote: 

AYES 

Conway  Hardin  Switzler  Todd  Watkins  7 

Dysart  McCabe 

15 


450 


JOURNAL  OF  THE  MISSOURI 


NOES 


Adams 

Crews 

Hammond 

McAfee 

Roberts 

Allen 

Crockett 

Hyer 

McKee 

Ross 

Alexander 

Davis 

Johnson 

McKillop 

of  Morgan 

Black 

Edwards 

of  Cole 

Nickerson 

Ross 

Boone 

of  Iron 

Lackland 

Norton 

of  Polk 

Brad  field 

Eitzen 

Lay 

Pipkin 

Shanklin 

Brockmeyer 

Fyan 

Letcher 

Priest 

Wagner 

Carleton 

Gantt 

Mabrey 

Ray 

Wallace 

Chrisman 

Hale 

Massey 

Rider 

Mr.  President 

Cottey 

Halliburton 

Maxey 
ABSENT 

Rippey 

45 

Broadhead 

Gottschalk 

Mortell 

Pulitzer 

Spaunhorst     8 

Edwards 

Holliday 

Mudd 

of  St.  Louis 

ABSENT  WITH 

LEAVE 

Dry  den 

Johnston 

Rucker 

Taylor 

Taylor 

Farris 

of  Nodaway 

Shackelford 

of  Jasper 

of  St.  Louis  8 

Shields 

On  motion  of  Mr.   Switzler  leave  of  absence  was  granted 
Mr.  Spaunhorst. 

334]  By  unanimous  consent  of  the  Convention,  Mr. 
Norton  withdrew  the  substitute  offered  by  him  to  Section 
thirty-seven. 

The  question  recurring  upon  the  adoption  of  Section 
thirty-seven  as  amended,  it  was  adopted. 

On  motion  of  Mr.  Wagner  the  Convention  adjourned 
until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

On  motion  of  Mr.  Todd  leave  of  absence  was  given  Mr. 
Pulitzer. 

The  Convention  resumed  the  consideration  of  the  re- 
port of  the  Committee  on  Judicial  Department. 

Section  thirty-eight  was  read. 


CONSTITUTIONAL  CONVENTION,   1875       451 

Mr.  Johnson  of  Cole  offered  the  following  amendment 
to  Section  thirty-eight: 

Amend  by  striking  out  all  after  the  words  "Section  38  "and  insert: 
"The  General  Assembly  shall  prescribe  a  uniform  system  of  pleading, 
practice  and  form  of  procedure  in  probate  courts,  and  may  provide  for 
a  separate  clerk  for  said  courts,  or  the  judge  may  be  required  to  act  ex 
officio  as  his  own  clerk." 

which  was  read  and  rejected. 

Mr.  Dysart  offered  the  following  amendment  to  Section 
thirty-eight: 

Amend  Section  thirty-eight  by  striking  out  all  after  the  word 
"practice"  in  the  second  line. 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  Section 
thirty-eight,  it  was  adopted. 

Section  thirty-nine  was  read. 

Mr.  Adams  offered  the  following  amendment  to  Section 
thirty-nine: 

Amend  Section  thirty-nine  by  adding  after  the  word  "business," 
in  the  third  line  the  words,  "and  such  other  jurisdiction  as  may  be  con- 
ferred by  law.'' 

which  was  read. 

Mr.  Fyan  offered  the  following  substitute  for  Section 
thirty-nine: 

Substitute  the  following  for  Section  thirty-nine:  "There  shall  be 
a  county  court  in  each  county  which  shall  be  a  court  of  record  and 
335]  shall  have  jurisdiction  of  all  business  and  such  other  jurisdiction 
as  may  be  conferred  by  law;  in  county  courts  in  counties  having  less  than 
fifty  thousand  inhabitants,  said  court  shall  be  composed  of  one  presiding 
justice  and  two  associate  justices  who  shall  be  elected  by  the  qualified 
voters  of  the  county  and  shall  hold  their  ofiices  for  the  term  of  two 
years.  The  judge  of  the  probate  court  of  such  counties  shall  be  ex 
officio  the  presiding  justice  of  the  county  court." 

which  was  read. 

The  question  recurring  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Adams  to  Section  thirty-nine,  it  was 
adopted. 

Mr.  Eitzen  offered  the  following  amendment  to  Section 
thirty-nine: 


452  JOURNAL  OF  THE  MISSOURI 

Amend  Section  thirty-nine  by  striking  out  the  words,  "one  or  more 
judges  not  exceeding  three,"  in  the  first  and  second  lines,  and  add  thereto 
the  following  words:  "the  probate  judge  shall  be  president  ex  officio  of 
said  county  court." 

which  was  read  and  agreed  to. 

Mr.  Alexander  in  the  chair. 

Mr.    Davis   offered   the   following   amendment   to   the 
substitute  offered  by  Mr.  Fyan: 

Amend  the  substitute  by  striking  out  the  words,  "one  presiding  jus- 
tice and  two  associate  justices,"  and  inserting,  "one  or  more  judges  not 
exceeding  three,"  and  adding  after  the  word  "court"  in  last  line,  "and 
in  all  counties  wishing  but  one  judge,  may  by  law  be  made  ex  officio 
county  judge." 

which  was  read  and  rejected. 

Mr.  Black  offered  the  following  amendment  to  the  sub- 
stitute offered  by  Mr.  Fyan: 

Amend  substitute  by  striking  out  the  word    "exclusive." 

which  was  read  and  agreed  to. 

Mr.  Crews  offered  the  following  amendment  to  Section 
thirty-nine  as  amended: 

Amend  Section  thirty-nine  by  striking  out  all  after  the  word  "court" 
in  the  first  line  and  insert  the  following:  "which  shall  be  a  court  of  record. 
In  counties  having  less  than  fifty  thousand  inhabitants,  said  court  shall 
be  composed  of  one  presiding  justice  and  two  associate  justices;  in  coun- 
ties having  less  than  fifty  thousand  inhabitants,  the  probate  judge  of  the 
336]  county  shall  be  ex  officio  the  presiding  justice  of  the  county  court 
and  have  jurisdiction  of  all  county  business,  and  of  such  other  jurisdic- 
tion as  may  be  conferred  by  law  on  circuit  courts,  except  in  matters  re- 
lating to  the  levy  and  assessment  of  taxes,  appropriations  of  money  and 
settlements  with  the  county  collectors  and  treasurers,  which  shall  require 
the  presence  of  all  the  members  of  the  county  court.  The  term  of  office 
of  said  associate  judges  shall  be  two  years." 

which  was  read. 

Mr.  Halliburton  offered  the  following  amendment  to  the 
substitute  for  Section  thirty-nine  offered  by  Mr.  Fyan: 

Amend  the  substitute  by  adding  to  the  same  the  following  words : 
"the  term  of  office  of  the  probate  judge  shall  be  four  years." 

which  was  read. 

The  President  in  the  chair. 


CONSTITUTIONAL  CONVENTION,   1875       453 

Mr.  Boone  offered  the  following  amendment  to  the 
amendment  to   Section  thirty-nine  offered   by   Mr.   Crews: 

Amend  the  amendment  by  striking  out  all  after  the  word  "shall'' 
in  line  twenty-five  and  inserting  "be  two  years.'' 

which  was  read  and  agreed  to. 

On  motion  of  Mr.  Davis  leave  of  absence  was  granted 
Mr.  Rider. 

On  motion  of  Mr.  Adams  leave  of  absence  was  granted 
Mr.  Chrisman. 

The  question  recurring  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Crews  to  Section  thirty-nine  as  amended 
and  the  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  was  agreed  to  by  the  following  vote: 

AYES 


Adams 

Edwards 

Johnson 

McKillop 

Todd 

Boone 

of  Iron 

of  Cole 

Pipkin 

Wagner 

Bradfield 

Fyan 

Lay 

Rippey 

Wallace 

Cottey 

Hardin 

Letcher 

Ross 

Mr.  President 

Crews 

Hyer 

Mabrey 

of  Polk 

24 

Crockett 

McAfee 
NOES 

Switzler 

Allen 

Davis 

Hammond 

McKee 

Ross 

Alexander 

Dysart 

Holliday 

Norton 

of  Morgan 

Black 

Eitzen, 

Lackland 

Priest 

Shanklin 

Carleton 

Hale 

Massey 

Ray 

Watkins 

Oonway 

Halliburton 

McCabe 
ABSENT 

Roberts 

23 

337] 

Broadhead 

Edwards 

Gantt 

Maxey 

Mudd 

Brockmeyer 

of  St.  Louis 

Gottsehalk 

M  or  tell 

Nickerson 

ABSENT  WITH  LEAVE 


Taylor 

Chrisman 

Johnston           Rider 

Shields 

of  Jasper 

Dryden 

of  Nodaway  Rucker 

Spaunhorst 

Taylor 

Farris 

Pulitzer             Shackelford 

of  St.  Louis 

454 


JOURNAL  OF  THE  MISSOURI 


The  question  recurring  on  the  adoption  of  the  amend- 
ment offered  by  Mr.  Halliburton  to  the  substitute  offered  by 
Mr.  Fyan,  it  was  agreed  to. 

Mr.  McCabe  offered  the  following  amendment  to  the 
substitute  offered  by  Mr.  Fyan: 

Amend  the  substitute  as  amended  by  striking  out  all  after  the 
word  "court"  in  the  thirteenth  line  and  insert  after  the  word  "year"  in 
the  eleventh  line  the  following:  "except  the  presiding  justice  who  shall 
hold  his  office  for  the  term  of  four  years." 

which  was  read  and  agreed  to. 

The  question  recurring  on  the  adoption  of  the  substi- 
tute for  Section  thirty-nine  offered  by  Mr.  Fyan  as  amended, 
and  the  ayes  and  noes  being  demanded  by  five  members,  the 
substitute  was  rejected  by  the  following  vote: 


AYES 

Adams 

Edwards 

Hardin 

McAfee 

Ray 

Black 

of  Iron 

HoUiday 

McCabe 

Ross 

Bradfield 

Eitzen 

Johnson 

McKillop 

of  Polk 

Carleton 

Fyan 

of  Cole 

Norton 

Todd 

Conway 

Gantt 

Mabrey 

Priest 

24 

Cottey 

Halliburton 

Massey 
NOES 

Allen 

Dysart 

Letcher 

Ross 

Wallace 

Alexander 

Hale 

Maxey 

of  Morgan 

Watkins 

Boone 

Hammond 

McKee 

Shanklin 

Mr.  President 

Crews 

Hyer 

Pipkin 

Switzler 

25 

Crockett 

Lackland 

Rippey 

Wagner 

Davis 

Lay 

Roberts 
ABSENT 

Broadhead 

Edwards 

Gottschalk 

Mudd 

Nickerson 

Brockmeyer 

of  St.  Louis 

Mortell 

7 

ABSENT  WITH 

LEAVE 

Chrisman 

Johnston 

Rider 

Shields 

of  Jasper 

Dryden 

of  Nodaway 

Rucker 

Spaunhorst 

Taylor 

Farris 

Pulitzer 

Shackelford 

Taylor 

of  St.  Louis 

Mr.  Hale  offered  the  following  substitute  for  Section 
thirty-nine  as  amended: 


CONSTITUTIONAL  CONVENTION,   1875       455 

Amend  by  way  of  substitute  as  follows:  "In  each  county  there  shall 
be  a  circuit  court  consisting  of  one  or  more  judges,  not  exceeding  five, 
338]  as  may  be  provided  by  law.  They  shall  be  courts  of  record  and 
shall  have  jurisdiction  to  transact  all  county  business  and  such  other 
jurisdiction  as  is  or  may  be  conferred  by  law.  In  all  counties  having 
a  probate  court  the  judge  thereof  shall  be  a  member  of  said  court  and 
shall  be  the  presiding  judge  thereof,  except  in  counties  having  a  popula- 
tion of  fifty  thousand  inhabitants." 

which  was  read. 

Mr.  Switzler  offered  the  following  resolution: 

Resolved,  That  the  original  section  together  with  all  the  pending 
amendments  be  referred  to  a  special  committee  of  five  with  instructions 
to  report  to  the  Convention  at  9  o'clock  a.  m.  on  Tuesday  next. 

which  was  read  and  adopted. 

Section  forty  was  read  and  adopted. 

Section  forty-one  was  read  and  adopted. 

Section  forty-two  was  read. 

Mr.  Adams  offered  the  following  amendment  to  Section 
forty-two: 

Amend  Section  forty-two  by  prefixing  the  following  words:  "The 
St.  Louis  Court  of  Appeals,  and  the  Supreme  Court  shall  appoint  their 
own  clerks,"  and  by  inserting  in  the  first  line  after  the  word  "all"  the 
word  "other." 

which  was  read  and  agreed  to. 

The  question  recurring  on  the  adoption  of  Section  forty- 
two  as  amended,  it  was  adopted. 

Section  forty-three  was  read  and  adopted. 

Section  forty-four  was  read  and  adopted. 

Section  forty-five  was  read. 

Mr.  Davis  offered  the  following  amendment  to  Section 
forty-five : 

Amend  Section  forty-five  by  adding  the  following:  ''Provided,  how- 
ever, no  court  of  common  pleas  now  existing  in  this  State  shall  be  abol- 
ished or  its  jurisdiction  impaired  by  any  provision  in  this  article." 

which  was  read  and  rejected. 

339]         Mr.   Adams  offered  the  following  amendment  to 

Section  forty-five: 

Amend  Section  forty-five  by  adding  the  following:  ''and  provided 
Jurther,  that  no  court  of  common  pleas  now  presided  over  by  any  circuit 
judge  shall  be  abolished  or  its  jurisdiction  impaired  until  the  Legislature 


456  JOURNAL  OF  THE  MISSOURI 

shall  make  provisions  for  terms  of  the  circuit  court  in  lieu  thereof  at  the 
place  when  such  court  is  now  held." 

which  was  read. 

Mr.  Adams  offered  the  following  amendment  to  the 
amendment: 

Amend  the  amendment  by  adding  the  following:  "or  until  the  said 
courts  shall  be  abolished  by  law," 

which  was  read  and  agreed  to. 

The  question  recurring  upon  the  adoption  of  the 
amendment,  as  amended,  to  Section  forty-five  offered  by  Mr. 
Adams,  it  was  agreed  to. 

Mr.  Davis  offered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Adams  as  amended: 

Amend  the  amendment  as  amended  by  striking  out  the  words, 
"presided  over  by  any  circuit  judge." 

which  was  read  and  rejected. 

Mr.  Hale  offered  the  following  amendment  to  Section 
forty-five : 

Amend  by  adding  the  following:  "ayid  provided  Jurther,  that  when 
common  pleas  courts  have  been  heretofore  established  in  towns  having  a 
population  of  fifty  thousand  and  upwards,  said  courts  shall,  after  the 
expiration  of  the  terms  of  office  of  the  present  judges,  be  presided  over  by 
the  judge  of  the  circuit  court." 

which  was  read  and  rejected. 

Mr.  Gantt  offered  the  following  amendment  to  Section 
forty-five: 

Amend  Section  forty-five  by  striking  out  the  word  "proper"  in  the 
third  line. 

which  was  read  and  agreed  to. 

The  question  recurring  on  the  adoption  of  Section  forty- 
five  as  amended,  it  was  adopted. 

Section  one  of  Article on  Impeachments  was  read. 

Mr.  Gantt  offered  the  following  substitute  for  Section 
one: 

Substitute  the  following  for  Section  1  of  Article on  Impeach- 
ments: "The  Governor,  Lieutenant-Governor  and  Judges  of  the  Supreme 
340]  Court  shall  be  liable  to  impeachment  for  high  crimes  and  misde- 
meanors and  for  misconduct  or  oppression  in  office.  All  other  executive, 
judicial  and  ministerial  officers  may  be  indicted  for  high  crimes  or  mis- 


CONSTITUTIONAL  CONVENTION,   1875       457 

demeanors,  and  misconduct  or  oppression  in  office  by  the  grand  jury  of  the 
county  in  which  the  acts  complained  of  are  supposed  to  have  occurred, 
and  shall  be  tried  and  punished  as  may  be  provided  by  law;  but  shall  not 
be  liable  to  impeachment." 

which  was  read. 

Mr.  Shanklin  offered  the  following  amendment  to  Sec- 
tion one: 

Amend  Section  one  by  striking  out  the  words,  "all  judges  of  courts 
of  record,"  and  insert  the  following  in  lieu  thereof:  "judges  of  the 
Supreme  and  circuit  courts  and  St.  Louis  Court  of  Appeals." 

which  was  read  and  agreed  to. 

The  question  recurring  upon  the  substitute  offered  by 
Mr.  Gantt  for  Section  one,  it  was  rejected. 

Mr.  Todd  offered  the  following  amendment  to  Section 
one: 

Amend  Section  one  by  inserting  after  the  word  "misconduct"  in 
line  three  the  words,  "habits  of  drunkenness." 

which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  offered  by  Mr.  Todd  was  agreed  to  by  the 
following  vote: 

AYES 


Allen 

Fyan 

Mabrey 

Ray 

Wagner 

Alexander 

Gantt 

Massey 

Rippey 

Wallace 

Brockmeyer 

Hale 

Maxey 

Roberts 

Mr.  President 

Cottey 

Hardin 

McAfee 

Ross 

Crews 

Johnson 

McCabe 

of  Polk 

Crockett 

of  Cole 

McKee 

Shanklin 

Dysart 

Lay 

McKillop 

Switzler 

Eitzen 

Letcher 

Pipkin 
NOES 

Todd 

33 

Adams 

Bradfield 

Edwards 

Hammond 

Norton 

Black 

Carleton 

of  Iron 

Hyer 

Priest 

Boone 

Conway 

Halliburton 
ABSENT 

Lackland 

Watkins        1^ 

Broadhead 

Edwards 

Gottschalk 

Mortell 

Ross 

Davis 

of  St.  Louis 

HoUiday 

Mudd 

of  Morgan  g 

458  JOURNAL  OF  THE  MISSOURI 

ABSENT  WITH  LEAVE 

Chrisman         Johnston  Pulitzer  Shackelford      Taylor 

Dryden  of  Nodaway  Rider  Shields  of  Jasper 

Farris  Nickerson         Rucker  Spaunhorst       Taylor 

of  St.  Louis 
13 

Mr.  Shanklin  offered  the  following  amendment  to  Sec- 
tion one: 

Amend  Section  one  by  inserting  after  the  word  "Attorney-General" 
341]  in  the  second  line  the  words  "Superintendent  of  Public  Schools." 

which  was  read  and  agreed  to. 

The  question  recurring  upon  the  adoption  of  Section 
one  as  amended,  it  was  adopted. 

The  President  announced  the  following  committee  to 
which  was  referred  Section  thirty-nine  of  the  report  of  the 
Committee  on  Judicial  Department  and  pending  amend- 
ments.— Switzler,  Crews,  Fyan,  Wallace,  Boone. 

Section  two  was  read  and  adopted. 

On  motion  of  Mr.  Wagner  the  Convention  adjourned 
until  8:30  a.  m.,  Monday. 


MONDAY,   JUNE  28,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  journal  of  Saturday  was  read  and  approved. 

Mr.  Maxey  offered  the  following  as  a  new  section  to  the 
report  of  the  Committee  on  Judicial  Department: 

There  shall  be  elected  at  the  general  election  in  1876  and  every  four 
years  thereafter  by  the  qualified  voters  of  the  different  judicial  circuits 
in  this  State,  one  circuit  attorney,  who  shall  reside  in  the  circuit  for  which 
he  is  elected.  He  shall  possess  the  same  qualifications  and  receive  the 
same  salary  from  the  same  source  and  in  the  same  way  as  the  judge  of 
the  circuit  court,  and  shall  hold  his  office  for  the  term  of  four  years  from 
the  first  day  of  January  next  after  his  election.  All  fees  and  perquisites 
allowed  by  law  to  said  circuit  attorney  shall  be  paid  into  the  State  treas- 
ury and  said  circuit  attorney  shall  not  be  allowed  to  practice  in  civil  cases 


CONSTITUTIONAL  CONVENTION,   1875       459 

except  in  such  cases  as  the  State  or  any  county  within  his  circuit  may  be 
a  party. 

which  was  read. 

Mr.  Halliburton  offered  the  following  substitute  for  the 
proposed  new  section: 

Section — .  At  the  general  election  in  eighteen  hundred  and  seventy- 
six  a  circuit  attorney  shall  be  elected  within  and  for  each  judicial  cir- 
cuit, who  shall  hold  his  oflfice  for  the  terra  of  four  years  and  shall  perform 
such  duties  as  may  be  prescribed  by  law  and  shall  receive  such  com- 
342]  pensation  for  his  services  as  may  be  prescribed  by  law. 

which  was  read. 

On  motion  of  Mr.  Hale  the  proposed  new  section  and 
the  substitute  thereto  was  referred  to  a  special  committee  of 
five  to  be  reported  on  at  some  future  time. 

Mr.  Shanklin  moved  to  reconsider  the  vote  by  which 
Section  forty-five  as  amended  was  adopted,  which  was 
agreed  to. 

Mr.  Shanklin  moved  to  reconsider  the  vote  by  which  the 
amendment  offered  by  Mr.  Davis  to  Section  forty-five  was 
rejected,  which  was  agreed  to. 

On  motion  of  Mr.  Davis  the  further  consideration  of 
Section  forty-five  and  pending  amendments,  was  postponed 
until  tomorrow. 

Mr.  Halliburton  offered  the  following  proposed  new 
section  to  the  report  of  the  Committee  on  Judicial  Depart- 
ment: 

Section — .  The  General  Assembly,  during  the  session  of  eighteen 
hundred  and  seventy-eight,  shall  divide  the  State,  St.  Louis  and  Jackson 
county  excepted,  into  convenient  circuits  of  contiguous  counties  not  to 
exceed  eighteen  in  number,  in  each  of  which  circuits  one  circuit  judge  shall 
be  elected,  and  shall  provide  by  law  for  the  election  of  said  judges  in  the 
circuits  as  created  in  pursuance  of  this  section  at  the  general  election  in 
eighteen  hundred  and  eighty. 

which  was  read  and  on  motion  of  Mr.  Halliburton,  laid  over 
until  tomorrow. 

Mr.  Roberts  presented  a  memorial  from  Nathan  C. 
Kouns  in  reference  to  the'  commutation  tax  authorized  by 
an  act  to  provide  means  for  the  payment  and  support  of  the 
enrolled  militia  forces  of  the  State  of  Missouri,  approved 


460  JOURNAL  OF  THE  MISSOURI 

March  9,  1863,  which  was  read  and  on  motion  referred  to 
the  Committee  on  Judicial  Department. 

On  motion  of  Mr.  Norton  the  further  consideration  of 
the  report  of  the  Committee  on  Judicial  Department  was 
laid  over  informally  and  the  report  of  the  Committee  on 
Legislative  Department  was  taken  up. 

Section  one  was  read  and  adopted. 

On  motion  of  Mr.  Brockmeyer  Sections  two,  three,  four, 
five,  six  and  seven  were  passed  over  informally. 
343]         Section  eight  was  read  and  adopted. 

Section  nine  was  read  and  adopted. 

Section  ten  was  read  and  adopted. 

Section  eleven  was  read. 

Mr.  Brockmeyer  offered  the  following  amendment: 

Amend  Section  eleven  by  striking  out  the  words,  "obey  and  defend," 
where  they  occur  in  line  three. 

which  was  read  and  agreed  to. 

The  question  recurring  upon  the  adoption  of  Section 
eleven  as  amended,  it  was  adopted. 

Section  twelve  was  read. 

Mr.  Norton  offered  the  following  amendment  to  Section 
twelve: 

Amend  by  filling  blank  in  the  third  line  with  the  number  "seventy." 

w^hich  was  read. 

Mr.  Shanklin  offered  the  following  amendment  to  Sec- 
tion twelve: 

Amend  the  amendment  by  inserting  "sixty"  in  lieu  of  "seventy." 

which  was  read. 

Mr.  Holliday  offered  the  following  amendment  to  Sec- 
tion twelve: 

Amend    the    amendment    by    striking    out    "seventy"    and    insert 
"ninety." 

which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  offered  by  Mr.  Holliday  was  rejected  by  the 
following  vote: 


CONSTITUTIONAL  CONVENTION.   1875       461 


AYES 


Allen 

Conway 

Halliburton 

Johnson 

Lay 

Black 

Edwards 

Holliday 

of  Cole 

Mabrey 

Brockmeyer 

of  Iron 

NOES 

Lackland 

Mortell 
Ray               13 

Adams 

Davis 

Hyer 

Norton 

Switzler 

Alexander 

Dysart 

Letcher 

Pipkin 

Todd 

Boone 

Eitzen 

Massey 

Priest 

Wagner 

Bradfield 

Fyan 

Maxey 

Rippey 

Wallace 

Carleton 

Gantt 

McAfee 

Roberts 

Watkins 

Cottey 

Hale 

McCabe 

Ross 

Mr.  President 

Crews 

Hammond 

McKee 

of  Polk 

37 

Crockett 

Hardin 

McKillop 

Shanklin 

ABSENT 

Broadhead 

Edwards 
of  St.  Louis 

Gottsehalk 

Mudd 

Ross 

of  Morgan  5 

ABSENT  WITH 

LEAVE 

Chrisman 

Johnston 

Pulitzer 

Shackelford 

Taylor 

Dryden 

of  Nodaway 

Rider 

Shields 

of  Jasper 

Farris 

Nickerson 

Rucker 

Spaunhorst 

Taylor 

of  St.  Louis 
13 

The  question  recurring  upon  the  adoption  of  the  amend- 
ment to  Section  twelve  offered  by  Mr.  Norton,  and  the  ayes 
and  noes  being  demanded  by  five  members,  the  amendment 
was  agreed  to  by  the  following  vote: 


AYES 


344] 

Allen 

Crockett 

Halliburton 

Lay 

Ross 

Alexander 

Dysart 

Hammond 

Mabrey 

of  Polk 

Black 

Edwards 

Hardin 

Maxey 

Switzler 

Bradfield 

of  Iron 

Johnson 

Mortell 

Wallace 

Brockmeyer 

Eitzen 

of  Cole 

Norton 

Watkins 

Conway 

Hale 

Lackland 
NOES 

Rippey 

26 

Adams 

Fyan 

Massey 

Pipkin 

Shanklin 

Boone 

Gantt 

McAfee 

Priest 

Todd      , 

Carleton 

Holliday 

McCabe 

Ray 

Wagner 

Crews 

Hyer 

McKee 

Roberts 

Mr.  President 

Davis 

Letcher 

McKillop 

23 

462 


JOURNAL  OF  THE  MISSOURI 


Broadhead       Cottey 


ABSENT 

Edwards 
of  St.  Louis 


Gottschalk 


Ross 

of  Morgan  5 


ABSENT  WITH  LEAVE 


Chrisman 

Dryden 

Farris 


Johnston 

of  Nodaway 
Mudd 
Nickerson 


Pulitzer 
Rider 
Rucker 
Shackelford 


Shields 
Spaunhorst 
Taylor 
of  Jasper 


Taylor 

of  St.  Louis 
14 


Mr.  Ross  of  Polk  offered  the  following  amendment: 

Amend  Section  twelve  by  striking  out  the  words,  "one  dollar,"  in 
the  fourth  and  sixth  lines  and  inserting  in  lieu  thereof  the  words,  "two 
dollars." 

which  was  read. 

Mr.  Holliday  offered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Ross  of  Polk: 

Amend  the  amendment  by  striking  out  the  word  "two"  and  inserting 
in  lieu  thereof  the  word  "three." 

which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members 
upon  the  question  of  the  adoption  of  the  amendment  to  the 
amendment,  it  was  rejected  by  the  following  vote: 

AYES 


Holliday 

Lackland 

Ray 

NOES 

3 

Adams 

Crockett 

Hardin 

McKee 

Ross 

AUen 

Davis 

H^er 

McKillop 

of  Polk 

Alexander 

Dysart 

Johnson 

Mortell 

Shanklin 

Black 

Edwards 

of  Cole 

Norton 

Switzler 

Boone 

of  Iron 

Lay 

Pipkin 

Todd 

Bradfield 

Eitzen 

Letcher 

Priest 

Wagner 

Brockmejer 

Fyan 

Mabrey 

Rippey 

Wallace 

Carleton 

Gantt 

Massey 

Roberts 

Wat  kins 

Conway 

Hale 

Maxey 

Ross 

Mr.  President 

Cottey 

Halliburton 

McAfee 

of  Morgan 

48 

Crews 

Hammond 

McCabe 
ABSENT 

Broadhead 

Edwards 
of  St.  Louis 

Gottschalk 

Mudd 

4 

CONSTITUTIONAL  CONVENTION,   1875       463 


ABSENT  WITH  LEAVE 

Johnston  Pulitzer 

of  Nodaway  Rider 

Nickerson         Rucker 


Shackelford 

Taylor 

Shields 

of  Jasper 

Spaunhorst 

Taylor 

of  St.  Louis 

13 

345] 

Chrisman 

Dryden 

Farris 


The  question  recurring  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Ross  of  Polk,  to  Section  twelve,  it  was 
rejected. 

Mr.  Cottey  offered  the  following  amendment  to  Sec- 
tion twelve: 

Amend  by  striking  out  the  word  "fifty"  in  the  fifteenth  line  and  in- 
serting in  lieu  thereof  the  word  "thirty." 

which  was  read. 

Mr.  McAfee  offered  the  following  amendment  to  Sec- 
tion twelve: 

Amend  Section  twelve  by  striking  out  all  after  the  word  "paid"  in 
the  fourteenth  line  down  to  and  including  the  word  "perquisites"  in  the 
sixteenth  line. 

which  was  read. 

Mr.  Pipkin  offered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Cottey: 

Amend  the  amendment  by  striking  out  the  word  ."thirty"  and  in- 
serting in  lieu  thereof  the  word  "twenty-five." 

which  was  read. 

Mr.  Norton  demanded  a  division  of  the  question,  which 
was  agreed  to. 

The  question  being  upon  the  motion  to  strike  out  the 
word  'Tifty"  in  line  fifteen  of  Section  twelve,  and  the  ayes 
and  noes  being  demanded  by  five  members,  the  motion  to 
strike  out  was  adopted  by  the  following  vote: 

AYES 


Adams 

Crews 

Hardin 

McKee 

Ross 

Alexander 

Crockett 

Hyer 

McKillop 

of  Morgan 

Boone 

Davis 

Johnson 

Norton 

Switzler 

Bradfield 

Eitzen 

of  Cole 

Pipkin 

Todd 

Carleton 

Fyan 

Massey 

Priest 

Wagner 

Cottey 

Gantt 

McAfee 

Roberts 

Watkins 
Mr.  President 
29 

464 


JOURNAL  OF  THE  MISSOURI 


NOES 


Allen 

Edwards 

Holliday 

Maxey 

Ross 

Black 

of  Iron 

Lackland 

McCabe 

of  Polk 

Brockmeyer 

Hale 

Lay 

Mortell 

Shanklin 

Conway 

Halliburton 

Letcher 

Ray 

Wallace 

Dysart 

Hammond 

Mabrey 
ABSENT 

Rippey 

2: 

Broadhead 

Edwards 
of  St.  Louis 

Gottschalk 

Mudd 

ABSENT  WITH 

LEAVE 

Chrisman 

Johnston 

Pulitzer 

Shackelford 

Taylor 

Dryden 

of  Nodaway 

Rider 

Shields 

of  Jasper 

Farris 

Nickerson 

Rucker 

Spaunhorst 

Taylor           K 
of  St.  Louis 

Mr.  Massey  moved  to  fill  the  blank  in  line  fifteen  with 
"forty." 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  to  fill  the  blank  in  the  third  line  with  "forty" 
was  rejected  by  the  following  vote: 


346] 


AYES 


Allen 

Hale 

Lay 

Norton 

Shanklin 

Black 

Halliburton 

Mabrey 

Ray 

Watkins 

Broekmeyer 

Hammond 

Massey 

Rippey 

Carleton 

Holliday 

Maxey 

Ross 

Conway 

Lackland 

Mortell 
NOES 

■  of  Polk 

21 

Adams 

Davis 

Hardin 

McKee 

Switzler 

Alexander 

Dysart 

Hyer 

McKillop 

Todd 

Boone 

Edwards 

Johnson 

Pipkin 

Wagner 

Bradfield 

of  Iron 

of  Cole 

Priest 

Wallace 

Cottey 

Eitzen 

Letcher 

Roberts 

Mr.  President 

Crews 

Fyan 

McAfee 

Ross 

Crockett 

Gantt 

McCabe 
ABSENT 

of  Morgan 

30 

Broadhead 

Edwards 
of  St.  Louis 

Gottschalk 

Mudd 

4 

ABSENT  WITH 

LEAVE 

Chrisman 

Johnston 

Pulitzer 

Shackelford 

Taylor 

Dryden 

of  Nodaway 

Rider 

Shields 

of  Jasper 

Farris 

Nickerson 

Rucker 

Spaunhorst 

Taylor           13 
of  St.  Louis 

CONSTITUTIONAL  CONVENTION,   1875       465 


The  question  recurring  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Cottey  to  Section  twelve,  and  the  ayes 
and  noes  being  demanded  by  five  members,  the  amendment 
was  agreed  to  by  the  following  vote: 


AYES 


Allen 

Crews 

Lackland 

Ray 

Shanklin 

Alexander 

Crockett 

Massey 

Rippey 

Switzlor 

Black 

Dj^sart 

Maxey 

Ross 

Todd 

Bradfield 

Eitzen 

McKee 

of  Morgan 

Wallace 

Brockmeyer 

Holliday 

Mortell 

Ross 

Cottey 

Hyer 

Norton 
NOES 

of  Polk 

26 

Adams 

Edwards 

Hammond 

Letcher 

Priest 

Boone 

of  Iron 

Hardin 

McAfee 

Roberts 

Carleton 

Fyan 

Johnson 

McCabe 

Wagner 

Conway 

Gantt 

of  Cole 

McKillop 

Wat  kins 

Davis 

Hale 

Lay 

Pipkin 

Mr.  President 
23 

ABSENT 

Broadhead 

Edwards 

Gottschalk 

Halliburton 

Mudd 

of  St.  Louis 

Mabrey 

6 

ABSENT  WITH 

LEAVE 

Chrisman 

Johnston 

Pulitzer 

Shackelford 

Taylor 

Dryden 

of  Nodaway 

Rider 

Shields 

of  Jasper 

Farris 

Nickerson 

Rueker 

Spaunhorst 

Taylor           13 
of  St.  Louis 

Mr.  Rippey  moved  to  reconsider  the  vote  by  which  the 
amendment  offered  by  Mr.  Norton  inserting  "seventy"  in 
line  three  was  adopted,  which  was  agreed  to. 

The  question  recurring  upon  the  adoption  of  the 
347]  amendment  offered  by  Mr.  Norton,  fdling  the  blank 
in  line  three  with  the  word  "seventy,"  and  the  ayes  and  noes 
being  demanded  by  five  members,  the  amendment  was 
agreed  to  by  the  following  vote: 


AYES 

Allen 

Cottey 

Hale 

Lackland 

Priest 

Alexander 

Crockett 

Halliburton 

Lay 

Rippey 

Black 

Dysart 

Hammond 

Mabrey 

Roberts 

Bradfield 

Edwards 

Hardin 

Mortell 

Shanklin 

Brockmeyer 

of  Iron 

Johnson 

Norton 

Conway 

Eitzen 

of  Cole 

Pipkin 

26 


466 


JOURNAL  OF  THE  MISSOURI 


NOES 


Adams 

Fyan 

Massey 

McKillop 

Ross 

Boone 

Gantt 

Maxey 

Pipkin 

of  Morgan 

Carleton 

Holliday 

McAfee 

Priest 

Shanklin 

Crews 

Hyer 

McCabe 

Rippey 

Wagner 

Davis 

Letcher 

McKee 
ABSENT 

Roberts 

Mr.  President 
24 

Broadhead 

Edwards 

Gottschalk 

Ross 

of  St.  Louis 

Mudd 

of  Polk 

5 

ABSENT  WITH 

LEAVE 

Chrisman 

Johnston 

Pulitzer 

Shackelford 

Taylor 

Dryden 

of  Nodaway 

Rider 

Shields 

of  Jasper 

Farris 

Nickerson 

Rucker 

Spaunhorst 

Taylor           13 

of  St.  Louis 

Mr.  Hardin  offered  the  following  amendment  to  Sec- 
tion twelve: 

Amend  by  filling  the  blank  in  the  sixth  line  with  the  word  "twenty." 

which  was  read. 

Mr.  McCabe  offered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Hardin: 

Amend  the  amendment  by  inserting  "eighty"  for  the  word  "twenty." 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  the 
amendment  offered  by  Mr.  Hardin,  it  was  agreed  to. 

Mr.  McCabe  offered  the  following  amendment  to  Sec- 
tion twelve: 

Amend  Section  twelve  by  inserting  after  the  word  "house"  in  the 
eighteenth  line  the  words,  "or  for  their  use." 

which  was  read  and  agreed  to. 

Mr.  Hale  offered  the  following  amendment  to  Section 
twelve: 

Amend  by  striking  out  in  eighth  line  the  words,  "traveling  expenses 


which  was  read  and  rejected. 

348]         Mr.   Massey  offered  the  following  amendment  to 

Section  twelve: 


CONSTITUTIONAL  CONVENTION,   1875       467 

Amend  Section  twelve  by  striking  out  all  after  the  word  "session" 
in  the  fourth  line,  down  to  and  including  the  word  ''sessions"  in  the 
seventh  line. 

which  was  read. 

On  motion  of  Mr.  Hardin    the  Convention  adjourned 
until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  Convention  resumed  the  consideration  of  Section 
twelve  of  the  report  of  the  Committee  on  Legislative  De- 
partment and  amendment  of  Mr.  Massey,  pending  an  ad- 
journment. 

The  question  being  on  agreeing  to  the  amendment,  it 
was  rejected. 

.  The  question  then  recurring  on  agreeing  to  the  amend- 
ment offered  by  Mr.  McAfee  to  Section  twelve,  and  the  ayes 
and  noes  being  demanded  by  five  members,  the  amendment 
was  rejected  by  the  following  vote: 


AYES 


Adams 

Dysart 

Fyan 

McAfee 

Switzler 

Crews 

Edwards 

Johnson 

McKillop 

Mr.  President 

Davis 

of  Iron 

of  Cole 
NOES 

Pipkin 

12 

Allen 

Crockett 

Hyer 

Mortell 

Ross 

Alexander 

Eitzen 

Lackland 

Norton 

of  Polk 

Black 

Gantt 

Lay 

Priest 

Shanklin 

Boone 

Gottschalk 

Letcher 

Ray 

Taylor 

Bradfield 

Hale 

Mabrey 

Rider 

of  St.  Louis 

Brockmeyer 

Halliburton 

Massey 

Rippey 

Todd 

Carleton 

Hammond 

Maxey 

Roberts 

Wagner 

Conway 

Hardin 

McCabe 

Ross 

Wallace 

Cottey 

HoUiday 

McKee 
ABSENT 

of  Morgan 

Watkins 

42 

Mudd 


468  JOURNAL  OF  THE  MISSOURI 

ABSENT  WITH   LEAVE 

Broadhead        Edwards  Johnston  Pulitzer  Shields 

Chrisman  of  St.  Louis     of  Nodaway  Rucker  Spaunhorst 

Dryden  Farris  Niekerson         Shackelford       Taylor 

of  Jasper 

13 

Mr.  Switzler  in  the  chair. 
349]         Mr.   McAfee  oiTered  the  following  amendment  to 
Section  twelve: 

Amend  by  inserting  the  word  "all"  before  the  word  "stationery" 
in  the  fifteenth  line,  and  adding  after  the  word  "stationery"  in  said  line 
the  words,  "issued  in  his  official  capacity  and  all." 

which  was  read  and  agreed  to. 

Mr.  Crews  offered  the  following  amendment  to  Section 
twelve: 

Amend  by  adding  after  the  word  "law"  in  line  nine  as  follows  : 
"but  no  member  shall  be  entitled  to  traveling  expenses  for  mileage  for 
any  extra  session  that  may  be  called  in  one  day  after  an  adjournment 
of  one  day  after  a  regular  session." 

which  was  read  and  agreed  to. 

Mr.  Fyan  offered  the  following  amendment  to  Section 
twelve : 

Amend  by  striking  out  the  words,  "other  than,"  in  the  eighteenth  line 
and  insert  in  lieu  thereof  the  following:  "out  of  the  contingent  fund  or 
otherwise  except." 

which  was  read  and  agreed  to. 

The  question  then  recurring  on  the  adoption  of  Section 
twelve  as  amended,  it  was  adopted. 

Section  thirteen  was  read. 

Mr.  Rider  offered  the  following  amendment  to  Section 
thirteen: 

Amend  by  striking  out  the  tvords,  "election  and  returns,"  in  the  sec- 
ond line  and  insert  after  "members"  the  following:  "but  contested 
elections  for  members  of  either  house  shall  be  determined  by  the  circuit 
court  of  the  county  in   which  the  contest  arises." 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  Section  thir- 
teen, it  was  adopted. 

Section  fourteen  was  read  and  adopted. 


CONSTITUTIONAL  CONVENTION,   1875       469 

Section  fifteen  was  read  and  adopted. 

Section  sixteen  was  read  and  on  motion  of  Mr.  Brock- 
meyer  laid  over  informally. 

Section  seventeen  was  read  and  adopted. 
350]         Section  eighteen  was  read  and  adopted. 

Section  nineteen  was  read  and  adopted. 

Article on  Legislative  Proceedings  was  taken  up. 

Section  one  of  said  article  was  read  and  adopted. 

Section  two  was  read  and  adopted. 

Section  three  was  read  and  adopted. 

Section  four  was  read. 
Mr.   Brockmeyer  offered   the  following  amendment  to 
Section  four: 

Amend  Section  four  by  striking  out  the  word  "passed"  where  it  oc- 
curs the  second  time  in  line  three. 

which  was  read  and  agreed  to. 

Section  five  was  read. 

Mr.  Hardin  offered  the  following  amendment  to  Section 
five: 

Amend  by  striking  out  all  after    the    word    "engrossment"    in   lino 
two. 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  Section  five, 
it  was  adopted. 

Section  six  was  read  and  adopted. 

Section  seven  was  read  and  adopted. 

Section  eight  was  read  and  adopted. 

Section  nine  was  read  and  adopted. 

Section  ten  was  read  and  adopted. 

Section  eleven  was  read  and  adopted. 

Section  twelve  was  read  and  adopted. 

Section  thirteen  was  read  and  adopted. 

Section  fourteen  was  read. 

Mr.  Holliday  ofTered  the  following  amendment  to  Sec- 
tion fourteen: 

Amend  Section  fourteen  by  striking  out  all  after  the  words,  "first 
signed,"  in  the  eleventh  line. 

which  was  read. 


470  JOURNAL  OF  THE  MISSOURI 

Mr.  Norton  moved  the  following  amendment  to  the  por- 
tion of  the  section  proposed  to  be  stricken  out: 

Amend  by  adding  after  the  word  "State"  in  the  twenty-sixth  line 
the  following  words:  "but  such  bill  shall  not  cease  to  operate  as  law  until 
351]  the  said  court  shall  have  declared  the  law  null  and  void." 

which  was  read. 

On  motion  of  Mr.  Adams  the  Convention  adjourned 
until  tomorrow  at  8:30  o'clock  a.  m. 


TUESDAY,  JUNE  29,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  journal  of  yesterday  was  read  and  approved. 

The  Convention  resumed  the  consideration  of  the 
amendments  of  the  report  on  Legislative  Department  pend- 
ing at  adjournment. 

The  question  being  on  the  adoption  of  the  amendment 
offered  by  Mr.  Norton  to  Section  fourteen,  it  was  adopted. 

Mr.  Wagner  offered  the  following  amendment  to  Sec- 
tion fourteen: 

Amend  Section  fourteen  by  striking  out  the  word  "two"  in  line  seven- 
teen and  inserting  the  word  "five"  in  lieu  thereof,  and  by  inserting  after 
the  word  "protest"  where  it  first  occurs  in  line  eighteen  the  words  "under 
oath"  also  by  inserting  after  the  word  "of,"  where  it  first  occurs  in  the 
twenty-third  line,  the  words  "any  three  of." 

which  was  read  and  agreed  to. 

On  motion  of  Mr.  Lackland  leave  of  absence  was 
granted  Mr.  Hardin. 

Mr.  Crews  offered  the  following  amendment  to  Section 
fourteen: 

Amend  Section  fourteen  by  striking  out  "ninety"  where  it  occurs 
in  the  twenty-second  line  and  insert  "thirty"  and  by  adding  after  the 
word  "judicially"  in  the  twenty-third  line  the  words, "and  without  delay." 

which  was  read  and  agreed  to. 


CONSTITUTIONAL  CONVENTION,   1875       471 

Mr.  McAfee  offered  the  following  amendment  to  Sec- 
tion fourteen: 

Amend  by  inserting  in  the  twenty-third  line  after  the  word  "informa- 
tion" the  words,  "under  oath,"  and  by  adding  to  the  section  these  words, 
"if  at  the  time  of  filing  such  information  the  Supreme  Court  be  not  in 
session  it  shall  immediately  convene  for  the  purpose  of  hearing  and  de- 
termining the  same." 

which  was  read  and  agreed  to. 

The  question  recurring  on  the  adoption  of  the  amend- 
ment offered  by  Mr.  Holliday  to  strike  out  all  after  the  words, 
352]  "first  signed,"  in  line  eleven,  the  ayes  and  noes  being 
demanded  by  five  members,  the  amendment  was  rejected 
by  the  following  vote: 

AYES 


Adams 

Conway 

Hammond 

Lay 

Shackelford 

Black 

Edwards 

Holliday 

Mabrey 

Wallace 

Bradfield 

of  Iron 

Johnson 

Massey 

Watkins 

Chrisman 

Hale 

of  Cole 
NOES 

McCabe 

i; 

Allen 

Dysart 

Hyer 

Priest 

Shanklin 

Alexander 

Edwards 

Lackland 

Ray 

Switzler 

Boone 

of  St.  Louis 

Letcher 

Rider 

Taylor 

Broekmeyer 

Eitzen 

Maxey 

Roberts 

of  St.  Louis 

Cottey 

Farris 

McAfee 

Ross 

Todd 

Crews 

Fyan 

McKee 

of  Morgan 

Wagner 

Crockett 

Gantt 

McKillop 

Ross 

Mr.  President 

Davis 

Gottschalk 

Norton 

of  Polk 

Dryden 

Halliburton 

Pipkin 

ABSENT 

Rucker 

4( 

Broadhead 

Mortell 

Mudd 

a 

ABSENT  WITH 

LEAVE 

Hardin 

Johnston 

Nickerson 

Shields 

Taylor 

of  Nodaway 

Pulitzer 

Spaunhorst 

of  Jasper     7 

SICK 


Carleton 


Mr.  Lackland  offered  the  following  amendment  to  Sec- 
tion fourteen: 


472 


JOURNAL  OF  THE  MISSOURI 


Amend  bj^  striking  out  all  after  the  word  "signature"  in  the  six- 
teenth line. 

which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  was  rejected  by  the  following  vote: 

AYES 


Adams 

Dryden 

HoUiday 

Mabrey 

Ross 

Black 

Edwards 

Johnson 

Massey 

of  Morgan 

Bradfield 

of  Iron 

of  Cole 

Maxey 

Shackelford 

Chris  man 

Hale 

Lackland 

MeCabe 

Wallace 

Conway 

Hammond 

Lay 

McKee 

Watkins        22 

NOES 


Allen 

Dysart 

Halliburton 

Ray 

Switzler 

Alexander 

Edwards 

Hyer 

Rider 

Taylor 

Boone 

of  St.  Louis 

Letcher 

Rippey 

of  St.  Louis 

Brockmeyer 

Eitzen 

McAfee 

Roberts 

Todd 

Cottey 

Farris 

McKillop 

Ross 

Wagner 

Crews 

Fyan 

Norton 

of  Polk 

Mr.  President 

Crockett 

Gantt 

Pipkin 

Rucker 

Davis 

Gottsehalk 

Priest 

ABSENT 

Shanklin 

3t 

Broadhead 

M  or  tell 

Mudd       . 

3 

ABSENT  WITH  LEAVE 

Hardin  Johnston  Nickerson         Shields  Taylor 

of  Nodaway  Pulitzer  Spaunhorst  of  Jasper     7 


SICK 


Carleton 


Mr.  Hale  offered  the  following  amendment  to  Section 
fourteen: 

Amend  by  striking  out  all  after  the  word  "therewith"  in  the  twen- 
tieth line. 

which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members, 
353]  the  amendment  was  rejected  by  the  following  vote: 


CONSTITUTIONAL  CONVENTION,   1875       473 


AYES 


Adams 

Dysart 

Johnson 

McCabe 

Taylor 

Black 

Edwards 

of  Cole 

Priest 

of  St.  Louis 

Bradfield 

of  Iron 

Lackland 

Ross 

Wallace 

Chrisman 

Hale 

Lay 

of  Morgan 

Watkins 

Conway 

Hammond 

Mabrey 

Shackelford 

Dryden 

HoUiday 

Massey 
NOES 

23 

Allen 

Davis 

Gottsehalk 

McKillop 

Ross 

Alexander 

Edwards 

Halliburton 

Norton 

of  Polk 

Boone 

of  St.  Louis 

Hyer 

Pipkin 

Rucker 

Broekmeyer 

Eitzen 

Letcher 

Ray 

Shanklin 

Cottey 

Farris 

Maxey 

Rider 

Switzler 

Crews 

Fyan 

McAfee 

Rippey 

Todd 

Crockett 

Gantt 

McKee 

Roberts 

Wagner 
Mr.  President 
34 

Broadhead        Mortell 


ABSENT 

Mudd 

ABSENT  WITH  LEAVE 


Hardin 


Carleton 


Johnston  Nickerson         Shields  Taylor 

of  Nodaway  Pulitzer  Spaunhorst  of  Jasper     7 


SICK 


1 


Mr.  Farris  offered  the  following  amendment  to  Section 
fourteen: 

Amend  Section  fourteen  by  striking  out  all  after  the  word  "costs" 
in  the  twenty-seventh  line  down  to  and  including  the  word  "just"  in  the 
twenty-eighth  line,  and  insert  the  following:  "shall  be  adjudged  against 
the  informants." 

which  was  read  and  agreed  to. 

Mr.  Johnson  of  Cole  offered  the  following  amendment 
to  Section  fourteen: 

Amend  by  striking  out  after  the  word  "eighteen"  in  the  sixteenth 
line  and  insert  as  follows:  "A  journal  shall  be  kept  of  the  proceedings 
of  each  house,  which  shall  be  a  public  record,  and  every  bill  which  the 
journal  does  not  affirmatively  show  has  been  passed  in  accordance  with 
the  forms  prescribed  by  this  Constitution,  shall  be  void." 

which  was  read. 


474 


JOURNAL  OF  THE  MISSOURI 


The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  was  rejected  by  the  following  vote: 


AYES 


Black 

Edwards 

Johnson 

Massey 

Watkins 

Bradfield 

of  Iron 

of  Cole 

McCabe 

Chrisman 

Hammond 

Lay 

Ross 

Conway 

HoUiday 

Mabrey 
NOES 

of  Morgan 

14 

Adams 

Davis 

Halliburton 

Pipkin 

Shanklin 

Allen 

Dysart 

Hyer 

Pvay 

Switzler 

Alexander 

Edwards 

Lackland 

Rider 

Taylor 

Boone 

of  St.  Louis 

Letcher 

Rippey 

of  St.  Louis 

Broekmeyer 

Eitzen 

Maxey 

Roberts 

Todd 

Cottey 

Farris 

McAfee 

Ross 

Wagner 

Crews 

Fyan 

McKee 

of  Polk 

Wallace 

Crockett 

Gantt 

McKillop 

Rucker 

Mr.  President 

Dryden 

Gottschalk 

Norton 

Shackelford 

41 

354] 

» 

ABSENT 

Broadhead 

Hale 

Mortell 

Mudd 

Priest              5 

ABSENT  WITH 

LEAVE 

Hardin 

Johnston 

Nickerson 

Shields 

Taylor 

of  Nodaway 

Pulitzer 

Spaunhorst 

of  Jasper    7 

SICK 


Carleton 


On  motion  of  Mr.   Rider  the   Convention    adjourned 
until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  Convention  resumed  the  consideration  of  Section 
fourteen  of  the  report  of  the  Committee  on  Legislative  De- 
partment, pending  at  adjournment. 

Mr.  McCabe  offered  the  following  amendment  to  Sec- 
tion fourteen: 


CONSTITUTIONAL  CONVENTION,   1875       475 

Amend  Section  fourteen  by  inserting  after  the  word  "occurred"  in 
the  twelfth  line  the  words,  "or  that  the  passage  thereof  has  been  procured 
by  bribery  or  corrupt  influence." 

which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  was  rejected  by  the  following  vote: 

AYES 


Bradfield 

Dryden 

Hammond 

Mabrey 

Priest 

Conway 

Gottschalk 

Holliday 

McCabe 

Watkins 

Davis 

Hale 

Lackland 
NOES 

Norton 

14 

Adams 

Edwards 

Johnson 

Ray 

Shanklin 

Allen 

of  Iron 

of  Cole 

Rippey 

Taylor 

Alexander 

Edwards 

Lay 

Roberts 

of  St.  Louis 

Black 

of  St.  Louis 

Letcher 

Ross 

Todd 

Boone 

Farris 

Massey 

of  Morgan 

Wagner 

Chrisman 

Fyan 

Maxey 

Ross 

Wallace 

Cottey 

Gantt 

McAfee 

of  Polk 

Mr.  President 

Crews 

Halliburton 

McKillop 

Rueker 

Crockett 

Hyer 

Pipkin 

ABSENT 

Shackelford 

38 

Broadhead 

Dysart 

Mortell 

Rider 

Brockmeyer 

Eitzen 

Mudd 

Switzler 

8 

ABSENT  WITH 

LEAVE 

Hardin 

Johnston 

Nickerson 

Shields 

Taylor 

of  Nodaway 

Pulitzer 

Spaunhorst 

of  Jasper     7 

SICK 


Carleton 


The  question  recurring  on  the  adoption  of  wSection  four- 
355]  teen  as  amended,  and  the  ayes  and  noes  being  de- 
manded by  five  members,  the  section  was  adopted  by  the 

following  vote: 

AYES 


Allen 

Davis 

Gottschalk 

Norton 

Rueker 

Alexander 

Edwards 

Halliburton 

Ray 

Shanklin 

Boone 

of  St.  Louis 

Hyer 

Rider 

Switzler 

Brockmeyer 

Eitzen 

Letcher 

Rippey 

Todd 

Cottey 

Farris 

Maxey 

Roberts 

Wagner 

Crews 

Fyan 

McAfee 

Ross 

Mr.  President 

Crockett 

Gantt 

McKillop 

of  Polk 

32 

476 


JOURNAL  OF  THE  MISSOURI 


NOES 


Adams 

Edwards 

Johnson 

McCabe 

Shackelford 

Black 

of  Iron 

of  Cole 

McKee 

Taylor 

Bradfield 

Hale 

Lackland 

Pipkin 

of  St.  Louis 

Chrisman 

Hammond 

Lay 

Priest 

Wallace 

Conway 

Holliday 

Mabrey 

Massey 

ABSENT 

Ross 

of  Morgan 

Watkins 

2; 

Broadhead 

Dryden 

Dysart 

M  or  tell 

Mudd              J 

ABSENT  WITH 

LEAVE 

Hardin 

Johnston 

Nickerson 

Shields 

Taylor 

of  Nodaway 

Pulitzer 

Spaunhorst 

of  Jasper     " 

SICK 


Carleton 


Section  fifteen  was  read. 

Mr.  Adams  offered  the  following  amendment  to  Section 
fifteen: 

Amend  by  striking  out  the  words,  "shall  be  law  in  this  State,"  in 
seventh  line  and  insert,  "shall  become  a  law,"  in  lieu  thereof. 

which  was  read  and  agreed  to. 

Mr.  Massey  offered  the  following  amendment  to  Section 
fifteen: 

Amend  by  striking  out  in  line  two  the  words,  "Secretary  of  the 
Senate,"  and  the  words,  "Chief  Clerk  of  the  House  of  Representatives," 
in  the  third  line. 

which  was  read  and  rejected. 

Mr.  Holliday  offered  the  following  amendment  to  Sec- 
tion fifteen: 

Amend  Section  fifteen  by  striking  out  the  following  words  in  the 
seventh  and  eighth  lines:  "unless  it  be  in  violation  of  some  provision 
of  this  Constitution." 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  Section  fif- 
teen as  amended,  it  was  adopted. 

Section  sixteen  was  read. 

Mr.  Lay  offered  the  following  amendment  to  Section 
sixteen: 


CONSTITUTIONAL  CONVENTION,   1875       477 

Amend  Section  sixteen  of  Legislative  Proceedings  by  striking  out  the 
word  "two-thirds"  wherever  it  occurs  and  insert  in  lieu  thereof  the 
words,  "a  majority." 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  was  rejected  by  the  following  vote: 


356] 

AYES 

Boone 

Johnson 

Maxey 

Switzler 

Mr.  President 

Hale 

of  Cole 

McAfee 

Wagner 

Holliday 

Lay 

Roberts 
NOES 

Wallace 

12 

Adams 

Davis 

Gottschalk 

McKillop 

Ross 

Allen 

Dryden 

Halliburton 

Norton 

of  Polk 

Alexander 

Edwards 

Hammond 

Pipkin 

Rucker 

Black 

of  Iron 

Hyer 

Priest 

Shackelford 

Bradfield 

Edwards 

Lackland 

Ray 

Shanklin 

Chrisman 

of  St.  Louis 

Letcher 

Rider 

Taylor 

Conway 

Eitzen 

Mabrey 

Rippey 

of  St.  Louis 

Cottey 

Farris 

Massey" 

Ross 

Todd 

Crews 

Fyan 

McCabe 

of  Morgan 

'Wat  kins 

Crockett 

Gantt 

McKee 
ABSENT 

43 

Broadhead 

Brockmeyer 

Dysart 

Mortell 

Mudd              5 

ABSENT  WITH 

LEAVE 

Hardin 

Johnston 

Nickerson 

Shields 

Taylor 

of  Nodaway 

Pulitzer 

Spaunhorst 

of  Jasper     7 

SICK 
Carleton  1 

Mr.  Cottey  offered  the  following  amendment  to  Section 
sixteen: 

Amend  Section  sixteen  by  striking  out  the  words,  "elected  to  that 
house,"  in  Unes  eight  and  twelve,  and  insert  in  lieu  thereof  in  the  said 
lines  the  word  "present." 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  Section  six- 
teen, it  was  adopted. 

Section  seventeen  was  read. 

Mr.  Shanklin  offered  the  following  amendment  to  Sec- 
tion seventeen: 


478 


JOURNAL  OF  THE  MISSOURI 


Amend  Section  seventeen  by  striking  out  the  word  "amendment" 
in  the  fifth  line  and  insert  "enrollment"  in  lieu  thereof. 

which  was  read  and  agreed  to. 

Section  seventeen  as  amended  was  then  adopted. 

Section  eighteen  was  read  and  adopted. 

Section  one  of  Article  — —  on  Limitation  of  Legislative 
Powers  was  read  and  on  motion  of  Mr.  Hale  laid  over  in- 
formally. 

Section  two  was  read. 

The  first  three  lines  of  Section  two  were  read  and 
adopted. 

The  second  subdivision  of  Section  two  was  read. 

Mr.  Holliday  offered  the  following  amendment  to  the 
second  subdivision  of  Section  two: 

357]  Amend  second  subdivision  of  Section  two  by  inserting  after  the 
word  "second"  in  the  sixth  line  the  following  words:  "in  time  of  war  or 
public  calamity  or." 

which  was  read  and  rejected. 

The  second  subdivision  of  Section  two  was  then  adopted. 

The  third  subdivision  of  Section  two  was  read. 

Mr.  Lay  offered  the  following  amendment  to  the  third 
subdivision  of  Section  two: 

Amend  by  striking  out  in  line  thirteen  the   word    ."taxpayers"   and 
insert  in  lieu  thereof  the  words,  "qualified  voters.',' 

which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  was  rejected  by  the  following  vote: 


AYES 


Alexander 

Crockett 

Johnson 

McAfee 

Ross 

Black 

Davis 

of  Cole 

MeCabe 

of  Polk 

Boone 

Fyan 

Lay 

McKee 

Shackelford 

Bradfield 

Haliburton 

Mabrey 

McKillop 

Taylor 

Chrisman 

Holliday 

Massey 

Rider 

of  St.  Louis 

Conway 

Maxey 

Roberts 

Mr.  President 
26 

NOES 

Adams 

Dryden 

Edwards 

Farris 

Hale 

AUen 

Edwards 

of  St.  Louis 

Gantt 

Hammond 

Crews 

of  Iron 

Eitzen 

Gottschalk 

Hyer 

CONSTITUTIONAL  CONVENTION,   1875       479 


Lackland 

Pipkin 

Ross                  Switzler 

Wallace 

Letcher 

Priest 

of  Morgan    Todd 

Wat  kins 

Norton 

Rippey 

Shanklin           Wagner 
ABSENT 

26 

Broadhead 

Cottey 

Mortell             Ray 

Brockmeyer 

Dysart 

Mudd                 Rueker 

8 

ABSENT  WITH  LEAVE 

Hardin 

Johnston 

Nickerson         Shields 

Taylor 

of  Nodaway 

Pulitzer             Spaunhorst 

of  Jasper    7 

SICK 


Carleton 


Mr.  Hammond  offered  the  following  amendment  to  the 
third  subdivision  of  Section  two: 

Amend  by  inserting  after  the  word  "the"  where  it  first  occurs  in  the 
thirteenth  line  the  words,  "qualified  voters  who  are." 

which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  was  rejected  by  the  following  vote: 


AYES 


Adams 

Gantt 

Hyer 

Pipkin 

Todd 

Allen 

Hale 

Lackland 

Priest 

Wagner 

Edwards 

Hammond 

Letcher 

Rippey 

Wallace 

of  St.  Louis 
358] 

Holliday 

Massey 
NOES 

Switzler 

Mr.  President 
19 

Alexander 

Davis 

Johnson 

McKillop      . 

Ross 

Black 

Dysart 

of  Cole 

Norton 

of  Polk 

Boone 

Edwards 

Lay 

Ray 

Shackelford 

Bradfield 

of  Iron 

Mabrey 

Rider 

Shanklin 

Chrisman 

Eitzen 

Maxey 

Roberts 

Taylor 

Conway 

Farris 

McAfee 

Ross 

of  St.  Louis 

Cottey 

Fyan 

McCabe 

of  Morgan 

Watkins 

Crockett 

Halliburton 

McKee 
ABSENT 

33 

Broadhead 

Crews 

Gottschalk 

Mudd 

Brockmeyer 

Dryden 

Mortell 

Rueker 

8 

480 


JOURNAL  OF  THE  MISSOURI 


ABSENT  WITH  LEAVE 

Hardin  Johnston  Nickerson         Shields  Taylor 

of  Nodaway  Pulitzer  Spaunhorst  of  Jasper     7 

SICK 
Carleton  1 

Mr.  Farris  moved  to  reconsider  the  vote  by  which  the 
amendment  offered  by  Mr.  Lay  to  the  third  subdivision  of 
Section  two  was  rejected. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  motion  to  reconsider  was  agreed  to  by  the  following  vote: 

AYES 


Alexander 

Davis 

Johnson 

McKee 

Shanklin 

Black 

Dryden 

of  Cole 

McKillop 

Switzler 

Boone 

Dysart 

Lackland 

Norton 

Taylor 

Bradfield 

Farris 

Lay 

Ray 

of  St.  Louis 

Chrisman 

Fyan 

Mabrey 

Rider 

Wagner 

Conway 

Gantt 

Massey 

Roberts 

Wallace 

Cottey 

Gottschalk 

Maxey 

Ross 

Mr.  President 

Crews 

Halliburton 

McAfee 

of  Polk 

Crockett 

HoUiday 

MeCabe 
NOES 

Shackelford 

4C 

Adams 

Edwards 

Hyer 

Rippey 

Watkins 

Allen 

of  St.  Louis 

Letcher 

Ross 

14 

Edwards 

Eitzen 

Pipkin 

of  Morgan 

of  Iron 

Hammond 

Priest 

ABSENT 

Todd 

Broadhead 

Hale 

Mortell 

Mudd 

Rucker 

Brockmeyer 

e 

Hardin 


6 
ABSENT  WITH   LEAVE 

Johnston  Nickerson         Shields  Taylor 

of  Nodaway    Pulitzer  Spaunhorst  of  Jasper     7 


SICK 
Carleton  1 

Mr.  Hale  moved  to  lay  the  amendment  and  third  sub- 
division of  Section  two  on  the  table.  Mr.  Gottschalk  rose 
to  a  point  of  order  and  stated  that  the  motion  of  Mr.  Hale 
was  out  of  order  as  the  effects  of  the  motion  if  agreed  to 


CONSTITUTIONAL  CONVENTION,   1875       481 


would  carry  the  section  with  it.  The  President  decided 
the  point  of  order  well  taken. 

359]  The  question  recurring  on  the  adoption  of  the 
amendment  offered  by  Mr.  Lay  to  the  third  subdivision  of 
Section  two,  and  the  ayes  and  noes  being  demanded  by  five 
members,  the  amendment  was  adopted  by  the  following  vote: 

AYES 


Alexander 

Davis 

Holliday 

McCabe 

Ross 

Black 

Dryden 

Johnson 

McKee 

of  Polk 

Boone 

Eitzen 

of  Cole 

McKillop 

Shackelford 

Bradfield 

Farris 

Lackland 

Norton 

Taylor 

Chrisman 

Fyan 

Lay 

Ray 

of  St.  Louis 

Conway 

Gantt 

Mabrey 

Rider 

Wallace 

Cottey 

Gottschalk 

Maxey 

Roberts 

Mr.  President 

Crockett 

Halliburton 

McAfee 
NOES 

35 

Adams 

Edwards 

Hammond 

Priest 

Switzler 

Allen 

of  Iron 

Hyer 

Rippey 

Todd 

Crews 

Edwards 

Letcher 

Ross 

Wagner 

Dysart 

of  St.  Louis 

i  Massey 

of  Morgan 

Watkins        20 

Hale 

Pipkin 
ABSENT 

Shanklin 

Broadhead 

Brockmeyer 

Mortell 

Mudd 

Rucker         5 

ABSENT  WITH  LEAVE 

Hardin  Johnston  Nickerson         Shields 

of  Nodaway  Pulitzer  Spaunhorst 


Taylor 
of  Jasper 


SICK 
Carleton  1 

Mr.  Hale  offered  the  following  amendment  to  the  third 

subdivision  of  Section  two: 

Amend  the  third  subdivision  by  striking  out  all  after  the  word 
"creation"  in  the  ninth  line. 

which  was  read. 

Mr.   Norton  offered  the  following  amendment  to  the 

third  subdivision  of  Section  two: 

Amend  by  striking  out  the  words  "when  the  act"  in  the  tenth  line  and 
insert  in  lieu  thereof  the  following  :"on  the  occurring  of  an  unforseen  emer- 

16 


482 


JOURNAL  OF  THE  MISSOURI 


gency  or  casual  deficiency  of  the  revenue,  when  the  temporary  liability 
incurred,  or  to  be  incurred,  shall  exceed  the  sum  of  two  hundred  and 
fifty  thousand  dollars  for  any  one  year,  the  General  Assembly  may  sub- 
mit an  act." 

which  was  read  and  adopted. 

Mr.  Todd  ofTered  the  following  amendment  to  the  third 
subdivision  of  Section  two: 

Amend  by  striking  out  the  words,  "qualified  voters"  in  line  thirteen 
and  inserting  in  lieu  thereof  these  words,  ''adult  taxpayers." 

360]  which  was  read. 

Mr.  Boone  offered  the  following  amendment  to  the 
amendment: 

Amend  the  amendment  by  adding,  "and  no  one  shall  be  compelled  to 
pay  any  part  of  said  tax  who  voted  against  the  law." 

which  was  read  and  rejected. 

Mr.  Todd  offered  the  following  amendment  to  the 
amendment: 

Amend  by  adding  the  words,  "residing  in  the   State  of   Missouri." 

which  was  read  and  rejected.  , 

The  question  then  being  on  the  adoption  of  the  amend- 
ment first  offered  by  Mr.  Todd,  it  was  rejected. 

The  question  then  recurring  on  the  adoption  of  the 
amendment  offered  by  Mr.  Hale,  and  the  ayes  and  noes 
being  demanded  by  five  members,  the  amendment  was  re- 
jected by  the  following  vote: 


AYES 

Cottey 

Farris 

Hyer 

Maxey 

Wallace 

Dysart 

Hale 

Johnson 

Priest 

Wat  kins 

Edwards 

Halliburton 

of  Cole 

Ross 

of  Iron 

NOES 

of  Morgan 

i: 

Adams 

Crockett 

Lackland 

Pipkin 

Shanklin 

Allen 

Dryden 

Lay 

Ray 

Switzler 

Alexander 

Edwards 

Mabrey 

Rider 

Taylor 

Black 

of  St.  Louis 

Massey 

Rippey 

of  St.  Louis 

Boone 

Eitzen 

McAfee 

Roberts 

Todd 

Bradfield 

Fyan 

McCabe 

Ross 

Wagner 

Chrisman 

Gantt 

McKee 

of  Polk 

Mr.  President 

Conway 

Gottschalk 

McKillop 

Rueker 

Crews 

Hammond 

Norton 

Shackelford 

4] 

CONSTITUTIONAL  CONVENTION,   1875       483 


Broadhead       Davis 
Brockmeyer     Holliday 


ABSENT 
Letcher  Mortell 


Hardin 


Carleton 


ABSENT  WITH  LEAVE 
Johnston  Nickerson         Shields 


of  Nodaway  Pulitzer 


SICK 


Spaunhorst 


Mudd 


Taylor 
of  Jasper 


1 


Mr.  Gantt  offered  the  following  amendment  to  the  third 
subdivision  of  Section  two: 

Amend  by  inserting  before  the  word  "shall"  in  the  thirteenth  line 
the  words,  "when  the  act." 

361]  which  was  read  and  agreed  to. 

Mr.  Hale  offered  the  following  amendment  to  the  third 
subdivision  of  Section  two: 

Amend  by  adding,  "but  such  debt  so  to  be  contracted  shall  not  ex- 
ceed the  sum  of  one  million  dollars." 

which  was  read  and  rejected. 

The  third  subdivision  of  Section  two  was  then  adopted. 

Mr.  Gantt  called  up  the  resolution  offered  by  Mr. 
McAfee,  as  an  amendment  to  the  rules  of  the  Convention  in 
relation  to  the  daily  sessions  of  the  Convention. 

Mr.  Rider  offered  the  following  amendment  to  the  reso- 
lution: 

Amend  by  striking  out  "2:00  o'clock  p.  m."  and  insert  "2:30  o'clock 
p.  m." 

which  was  read. 

The  Convention  laid  before  the  Convention  the  follow- 
ing communication  from  the  State  Auditor: 

City  of  Jefferson,  June  29,   1875. 
Hon.  Waldo  P.  Johnson,  ^ 

President  Constitutional  Convention. 

Dear  Sir: 

In  compliance  with  the  resolution  of  your  honorable  body  dated 
June  25,  1875,  I  have  the  honor  herewith  to  transmit  tabular  statements 
showing  the  amount  of  warrants  drawn  on  the  various  appropriations 
made  by  the  General  Assembly  since  the  first  day  of  October,  1866,  to 
the  thirty-first  day  of  December,  1874.     These  statements  do  not  include 


484  JOURNAL  OF  THE  MISSOURI 

warrants  issued  to  pay  any  portion  of  the  interest  on  the  State  debt. 
Tabular  statements  showing  the  disbursements  from  the  revenue  fund 
since  the  first  day  of  January  to  the  nineteenth  day  of  June,  1875,  have 
been  heretofore  furnished  the  Convention,  also  a  statement  showing  the 
appropriations  made  by  the  twenty-eighth  General  Assembly  and  the 
estimated  expenditures  for  the  years  1875  and  1876. 

I  have  the  honor  to  be  your  obedient  servant, 
362]  Thomas  Holliday,  State  Auditor. 

By.  Albt.  O.  Allen,  Chief  Clerk. 

which  was  read. 

The  President  announced  the  following  Special  Commit- 
tee to  take  into  consideration  the  proposed  new  section  of- 
fered by  Mr.  Maxey  to  the  Article  on  Judicial  Department: 
Hale,  Maxey,  McCabe,  Davis,  McAfee. 

On  motion  of  Mr.  Switzler  the  Convention  adjourned 
until  tomorrow  at  9  o'clock  a.  m. 


WEDNESDAY,  JUNE  30,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

Prayer  by  the  Rev.  Mr.  Barrett. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Switzler  from  the  Special  Committee  of  five,  to 
which  was  referred  Section  thirty-nine  of  the  report  of  the 
Committee  on  Judicial  Department,  and  pending  amend- 
ments, submitted  the  following  report: 

REPORT  OF  THE  SPECIAL  COMMITTEE 

Mr.  President: 

The  Select  Committee  to  which  was  referred  Section  thirty-nine  of 
the  article  on  the  Judicial  Department  together  with  all  pending  amend- 
ments has  had  the  same  under  consideration  and  instructs  me  to  report 
the  following  substitute  and  recommends  its  passage: 

June  30,  1875.  Wm.  P.  Switzler,  Chairman. 

Section  39.  In  each  county  there  shall  be  a  county  court  con- 
sisting of  three  judges.  Said  court  shall  be  a  court  of  record  and  shall 
have  jurisdiction  of  all  county  and  such  other  business  as  the  General 
Assembly  may  prescribe:     Provided,  that  in  all  counties  of  less  popula- 


CONSTITUTIONAL  CONVENTION,   1875       485 

363]  tion  than  thirty-five  thousand,  the  judge  of  probate  shall  be  one 
of  the  three,  and  the  presiding  judge  of  the  court.  Judges  of  probate 
shall  be  elected  by  the  qualified  voters  of  the  county  for  the  term  of  four 
years  and  county  judges  for  the  term  of  two  years. 

which  was  read. 

Mr.  Wallace  from  the  Special  Committee  of  five  to 
which  was  referred  Section  thirty-nine  of  the  report  of  the 
Committee  on  Judicial  Department,  and  pending  amend- 
ments, submitted  the  following  views  of  the  minority  of  said 
committee  and  recommended  the  adoption  of  the  accom- 
panying amendment  to  the  majority  report  of  the  Commitee: 

Section  39.  A  county  court  shall  be  established  in  each  county  in 
the  State,  which  shall  consist  of  a  presiding  justice  who  shall  be  elected  in 
the  county  at  large,  and  no  *  associate  justices,  who  shall  be  elected  in  dis- 
tricts as  may  be  provided  by  law.  The  presiding  justice  shall  be  elected 
for  four  years  and  the  associate  justices  for  two  years;  -provided,  that  the 
probate  judge  of  counties  having  less  than  twenty  thousand  population 
shall  be  ex  officio  presiding  justice  of  the  county  court. 

Section — .  No  person  shall  be  eligible  to  the  office  of  presiding 
or  associate  justice  of  the  county  court  unless  he  be  a  citizen  of  the 
United  States,  over  thirty  years  of  age  and  a  resident  of  the  county  for 
which  he  may  be  chosen  one  year  next  preceding  his  election  or  appoint- 
ment. 

Section — .  County  courts  shall  be  courts  of  record  and  their  juris- 
diction and  powers  shall  be  prescribed  and  regulated  by  law. 

Section — .  All  existing  county  court  organizations  in  this  State,  with 
their  jurisdiction  and  powers,  as  are  or  may  be  prescribed  by  law,  shall 
continue  until  superseded  by  the  election  and  qualification  of  justices  of 
the  county  courts  as  provided  for  under  this  Constitution. 

Section — .  In  counties  having  more  or  less  than  three  county  court 
justices,  and  in  counties  having  the  township  organization  of  county 
courts,  the  first  election  for  the  justices  of  the  county  court  under  this 
Constitution  shall  take  place  at  the  general  election  in  the  year  eighteen 
hundred  and  seventy-six;  and  counties  having  now  three  county  court 
364]  justices,  the  election  for  their  successors  shall  be  had  at  the  several 
general  elections  following  the  adoption  of  this  Constitution,  in  the  order 
necessary  to  fill  expiring  terms;  the  first  election  in  such  counties  to  be 
for  the  presiding  justice  of  the  county  courts  therein. 

which  was  read. 

On  motion  of  Mr.  Norton  the  report  of  the  Special  Com- 
mittee was  laid  over  informally  and  one  hundred  copies 
ordered  printed. 

*The  word  "no"  was  probably  intended  for  "number,"  which  was 
to  be  filled  in  later. 


486 


JOURNAL  OF  THE  MISSOURI 


The  Convention  resumed  the  consideration  of  the  resolu- 
tion offered  by  Mr.  McAfee  in  relation  to  the  daily  business 
of  the  Convention  and  amendment  pending  at  adjournment. 

On  motion  of  Mr.  Norton  leave  of  absence  was  granted 
Mr.  Ross  of  Morgan. 

The  question  being  upon  the  adoption  of  the  amend- 
ment, and  the  ayes  and  noes  being  demanded  by  five  mem- 
bers, the  amendment  was  rejected  by  the  following  vote: 


AYES 

Bradfield 

Edwards 

Johnson 

Mudd 

Taylor 

Brockmeye;* 

of  St.  Louis 

of  Cole 

Ray 

of  St.  Louis 

Carleton 

Eitzen 

Lackland 

Rider 

Todd 

Dryden 

Hammond 

McCabe 

Ross 

Watkins 

HoUiday 

McKee 
NOES 

of  Polk 

19 

Adams 

Crockett 

Hale 

McKillop 

Shackelford 

Allen 

Davis 

Halliburton 

Nickerson 

Shanklin 

Alexander 

Dysart 

Hyer 

Norton 

Switzler 

Black 

Edwards 

Lay 

Pipkin 

Wagner 

Boone 

of  Iron 

Mabrey 

Priest 

Wallace 

Chxisman 

Farris 

Massey 

Rippey 

Mr.  President 

Conway 

Fyan 

Maxey 

Roberts 

Cottey 

Gantt 

McAfee 
ABSENT 

Rucker 

37 

Broadhead 

Crews 

Gottschalk 

Mortell 

4 

ABSENT  WITH 

LEAVE 

Hardin 

Letcher 

Ross 

Shields 

Taylor 

Johnston 

Pulitzer 

of  Morgan 

Spaunhorst 

of  Jasper 

of  Nodaway  8 

Mr.  Switzler  rose  to  a  point  of  order  and  stated  that 
no  legislative  body  ever  fixes  its  hour  of  adjournment  from 
day  to  day  and  that  a  motion  to  adjourn  is  always  in  order. 
The  Chair  decided  the  point  of  order  not  well  taken. 
365]  Mr.  Maxey  offered  the  following  amendment  to  the 
resolution  offered  by  Mr.  McAfee: 

'  Amend  by  striking  out  "time  of  adjournment"  wherever  it  occurs. 

which  was  read. 


CONSTITUTIONAL  CONVENTION,   1875       487 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  was  adopted  by  the  following  vote: 

AYES 


Boone 

Edwards 

Johnson 

Nickerson 

Switzler 

Bradfield 

of  St.  Louis 

of  Cole 

Pipkin 

Taylor 

Brockmeyer 

Eitzen 

Lackland 

Priest 

of  St.  Louis 

Carleton 

Farris 

Maxey 

Ray 

Todd 

Conway 

Halliburton 

McCabe 

Rider 

Wagner 

Davis 

Hammond 

McKee 

Ross 

Wallace 

Dryden 

Holliday 

McKillop 

of  Polk 

Watkins 

Dysart 

Mudd 

NOES 

Shackelford 

34 

Adams 

Cottey 

Gantt 

Mabrey 

Roberts 

Allen 

Crockett 

Gottschalk 

Massey 

Rucker 

Alexander 

Edwards 

Hale 

McAfee 

Shanklin 

Black 

of  Iron 

Hyer 

Norton 

Mr.  President 

Chrisman 

Fyan 

Lay 

ABSENT 

Rippey 

23 

Broadhead 

Crews 

Letcher 

Mortell 

4 

ABSENT  WITH 

LEAVE 

Hardin 

Pulitzer 

Shields 

Taylor 

Johnston 

Ross 

Spaunhorst 

of  Jasper 

Mr.   McAfee  offered  the  following  amendment  to   his 
resolution: 

Amend  by  striking  out  "8:30"  and  insert  "8  o'clock"  in  lieu  thereof. 

which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  was  adopted  by  the  following  vote: 

AYES 


Adams 

Edwards 

Hyer 

McKee 

Roberts 

Boone 

of  Iron 

Johnson 

McKillop 

Ross 

Brockmeyer 

Farris 

of  Cole 

Mudd 

of  Polk 

Conway 

Fyan 

Lay 

Nickerson 

Rucker 

Cottey 

Gantt 

Mabrey 

Norton 

Shanklin 

Crockett 

Gottschalk 

Maxey 

Priest 

Switzler 

Davis 

Hale 

McAfee 

Ray 

Wagner 

Dysart 

Halliburton 

McCabe 

Rippey 

Mr.  President 
37 

488 


JOURNAL  OF  THE  MISSOURI 


NOES 


Allen 

Carle  ton 

Edwards           Lackland 

Taylor 

Alexander 

Chrisman 

of  St.  Louis  Pipkin 

of  St.  Louis 

Black 

Dryden 

Eitzen               Rider 

Todd 

Bradfield 
366] 

Holliday           Shackelford 
ABSENT 

Wallace 
Watkins        18 

Broadhead 

Hammond 

Letcher             Massey 

Mortell 

Crews 

6 

ABSENT  WITH  LEAVE 

Hardin 

Pulitzer 

Shields              Taylor 

Johnston 

Ross 

Spaunhorst           of  Jasper 

of  Nodaway 

of  Morgan 

7 

The  question  recurring  upon  the  adoption  of  the  resolu- 
tion offered  by  Mr.  McAfee  as  amended,  it  was  adopted. 

The  Convention  resumed  the  consideration  of  the  report 
of  the  Committee  on  Legislative  Department. 

On  motion  of  Mr.  Norton  the  vote  by  which  the  second 
subdivision  of  Section  two  was  adopted,  was  reconsidered. 

Section  two  was  taken  up. 

Mr.  Norton  offered  the  following  amendment  to  the 

second  subdivision  of  Section  two: 

Amend  by  striking  out  "two  hundred  and  fifty  thousand  dollars' 
in  the  eighth  line  and  inserting  "four  hundred  thousand  dollars"  in  lieu 
thereof. 

which  was  read. 

Mr.  Holliday  offered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Norton: 

Amend  the  amendment  by  striking  out  "four  hundred  thousand" 
and  insert  "five  millions"  in  lieu  thereof. 

which  was  read  and  rejected. 

Mr.  Adams  offered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Norton: 

Amend  the  amendment  by  inserting  "one  million"  for  "four  hundred 
thousand." 

which  was  read  and  rejected. 

Mr.  Halliburton  offered  the  following  amendment  to 
the  amendment  offered  by  Mr.  Norton: 


CONSTITUTIONAL  CONVENTION,   1875       489 


Amend  the  amendment  by  striking  out  the  word  "four"  and  insert- 
ing the  word  "five"  in  lieu  thereof. 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  the  amend- 
ment offered  by  Mr,  Norton,  and  the  ayes  and  noes  being 
demanded  by  five  members,  the  amendment  was  rejected 
by  the  following  vote: 


AYES 


Adams 

Dryden 

Edwards 

Johnson 

Allen 

Dysart 

of  St.  Louis 

of  Cole 

Black 

Edwards 

Farris 

Lackland 

Chrisman 

of  Iron 

Holliday 

Mabrey 

Conway 

McCabe 

Mudd 
Norton 
Rippey 
Shackelford 
Watkins        20 


367  ]  AlexanderEitzen 


Boone 

Bradfield 

Carleton 

Cottey 

Crockett 

Davis 


Fyan 

Gantt 

Gottschalk 

Hale 

Halliburton 

Hyer 


NOES 

Lay 

Massey 

McAfee 

McKee 

McKillop 

Nickerson 

Pipkin 


Priest 

Ray 

Rider 

Roberts 

Rucker 

Shanklin 

Switzler 


Taylor 

of  St.  Louis 
Todd 
Wagner 
Wallace 
Mr.  President 
33 


Broadhead       Crews 
Brockmeyer     Hammond 


ABSENT 

Letcher 
Maxey 


Mortell 


Ross 
of  Polk 


Hardin 


ABSENT  WITH  LEAVE 
Johnston  Pulitzer  Ross 


Shields 


of  Nodaway 


of  Morgan    Spaunhorst 
Taylor 

of  Jasper    7 


The  question  recurring  upon  the  adoption  of  the  second 
subdivision  of  Section  two,  it  was  adopted. 

Mr.  Davis  moved  to  reconsider  the  vote  by  which  the 
third  subdivision  of  Section  two  was  adopted,  which  was 
not  agreed  to. 

The  question  recurring  upon  the  adoption  of  Section 
two  as  amended,  and  the  ayes  and  noes  being  demanded 
by  five  members,  the  section  was  adopted  by  the  following 
vote: 


490 


JOURNAL  OF  THE  MISSOURI 


AYES 


Adams 

Dysart 

Johnson 

Norton 

Shanklin 

Allen 

Edwards 

of  Cole 

Pipkin 

Switzler 

Alexander 

of  St.  Louis 

Lay 

Priest 

Taylor 

Boone 

Eitzen 

Mabrey 

Ray 

of  St.  Louis 

Bradfield 

Farris 

Massey 

Rider 

Todd 

Brockmeyer 

Fyan 

McAfee 

Rippey 

Wagner 

Carleton 

Gantt 

McCabe 

Roberts 

Wallace 

Conway 

Gottschalk 

McKee 

Ross 

Watkins 

Cottey 

Halliburton 

McKillop 

of  Polk 

Mr.  President 

Crockett 

Hyer 

Mudd 

Rueker 

Davis 

Nickerson 
NOES 

Shackelford 

48 

Black 

Dryden 

Edwards 

Hale 

HoUiday 

Chrisman 

of  Iron 

Hammond 

Lackland        8 

Broadhead        Crews 


ABSENT 
Letcher  Maxey 


Mortell 


ABSENT  WITH  LEAVE 


Hardin  Johnston  Pulitzer 

of  Nodaway 


Ross  Shields 

of  Morgan    Spaunhorst 
Taylor 

of  Jasper     7 


Section  three  was  read  and  adopted. 

Section  four  was  read. 
368]  Mr.    Alexander   offered   the   following   amendment 

to  Section  four: 

Amend  Section  four  by  striking  out  the  words,  "the  maintenance  of 
the  eleemosynary  institutions  of  the  State  or,"  in  the  fourth  and  fifth 
lines. 

which  was  read  and  adopted. 

Mr.  Cottey  offered  the  following  amendment  to  Section 
four: 

Amend  the  section  as  amended  by  striking  out  all  after  the  word 
"whatsoever"  in  the  third  line. 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  Section 
four,  as  amended,  it  was  adopted. 

Section  five  was  read. 


CONSTITUTIONAL  CONVENTION,   1875       491 
Mr.  Adams  offered  the  following  substitute  for  Section 


five. 


Strike  out  Section  five  and  substitute  in  lieu  thereof  the  following: 
"Section  5.  No  county,  township,  city,  town  or  other  municipality, 
shall  hereafter  become  a  subscriber  to  the  capital  stock  of  any  railroad 
corporation  or  other  corporation  or  association,  or  make  donation  of 
money  or  other  valuable  thing,  or  loan  its  credit  to,  or  in  aid  of  any  such 
corporation  or  association,  or  in  aid  of  any  college  or  institution  of  learn- 
ing, or  other  institution,  whether  created  for  the  State  and  to  be  con- 
trolled by  the  State,  or  for  others.  And  all  authority  heretofore  given  for 
the  purposes  aforesaid  by  any  act  or  acts  of  the  Legislature  or  by  the 
charter  of  any  railroad  corporation  or  other  corporation  is  hereby  re- 
pealed: Provided,  however,  that  the  adoption  of  this  Constitution  shall 
not  be  construed  to  prevent  renewal  bonds  or  other  means  being  used 
as  is,  or  may  be  directed  by  law,  for  the  liquidation  or  payment  of  exist- 
ing indebtedness." 

which  was  read  and  rejected. 

The  question  recurring  upon  the  adoption  of  Section 
five,  it  was  adopted. 

Section  six  was  read  and  adopted. 

Section  seven  was  read  and  adopted. 

Section  eight  was  read  and  adopted. 

Section  nine  was  read  and  adopted. 
369]         Section  ten  was  read  and  adopted. 

Mr.  Maxey  offered  the  following  proposed  new  section: 

Section — .  The  Legislature  shall  pass  no  law  extending  the  time  of 
the  collection  of  the  revenue  that  is  past  due  nor  for  the  final  settlements 
of  collectors  of  such  revenue. 

which  was  read  and  on  motion  laid  over  informally. 

Mr.  Adams  offered  the  following  proposed  new  section 
to  the  report  of  the  Committee  on  Legislative  Department: 

Section — .  Within  five  years  after  the  adoption  of  this  Constitu- 
tion all  the  statute  laws  of  a  general  nature,  both  civil  and  criminal,  shall 
be  revised,  digested  and  promulgated  in  such  manner  as  the  General 
Assembly  shall  direct,  and  a  like  revision,  digest  and  promulgation  shall 
be  made  at  the  expiration  of  every  subsequent  period  of  ten  years. 

which  was  read  and  adopted. 

Section  eleven  was  taken  up  and  considered  line  by  line. 

Mr.  Lay  offered  the  following  amendment  to  Section 
eleven: 


492 


JOURNAL  OF  THE  MISSOURI 


Amend  Section  from  line  fifty-four  to  fifty-nine  inclusive  by  striking 
out  all  after  the  word  "enacted"  in  line  fifty. 

which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  was  rejected  by  the  following  vote: 

AYES 


Crockett 

Johnson 

Lackland 

McCabe 

Watkins 

Hale 

of  Cole 

Lay 

NOES 

Wallace 

8 

Adams 

Cottey 

Gantt 

McKillop 

Ross 

Allen 

Davis 

Gottschalk 

Mudd 

of  Polk 

Alexander 

Dysart 

Halliburton 

Nickerson 

Rucker 

Black 

Edwards 

Hammond 

Norton 

Shackelford 

Boone 

of  Iron 

Hyer 

Pipkin 

Shanklin 

Bradfield 

Edwards 

Mabrey 

Priest 

Switzler 

Brockmeyer 

of  St.  Louis 

Massey 

Rider 

Taylor 

Carleton 

Eitzen 

Maxey 

Rippey 

of  St.  Louis 

Chrisman 

Farris 

McAfee 

Roberts 

Todd 

Conway 

Fyan 

McKee 
ABSENT 

Mr.  President 
45 

Broadhead 

Dryden 

Letcher 

Ray 

Crews 

Holliday 

Mortell 

Wagner 

8 

ABSENT  WITH 

LEAVE 

Hardin 

Johnston 

Pulitzer 

Ross 

Shields 

of  Nodaway 

of  Morgan 

Spaunhorst 

Taylor 

of  Jasper     7 

370]         Mr.  Massey  offered  the  following  amendment  to 
Section  eleven: 

Amend  the  section  in  line  fifty-five  by  striking  out  all  after  the  word 
."thereof"  in  said  line  and  including  the  word  "thing"  in  line  fifty-nine. 

which  was  read. 

On   motion   of   Mr.    Halliburton   the    Convention   ad- 
journed until  2  o'clock  p.  m. 


CONSTITUTIONAL  CONVENTION,   1875       493 

AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  Convention  resumed  the  consideration  of  the 
amendment  offered  by  Mr.  Massey  to  Section  eleven  pend- 
ing at  adjournment. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  was  rejected  by  the  following  vote: 


, 

AYES 

Black 

Crockett 

Lackland 
NOES 

Wallace 

4 

Adams 

Dysart 

Halliburton 

McKillop 

Rucker 

Allen 

Edwards 

Hammond 

Mudd 

Shackelford 

Alexander 

of  Iron 

Johnson 

Nickerson 

Shanklin 

Boone 

Edwards 

of  Cole 

Norton 

Taylor 

Bradfteld 

of  St.  Louis 

Lay 

Pipkin 

of  St.  Louis 

Brockmeyer 

Farris 

Letcher 

Ray 

Todd 

Chrisman 

Fyan 

Mabrey 

Rippey 

Wagner 

Conway 

Gantt 

Maxey 

Roberts 

Watkins 

Cottey 

Gottschalk 

McAfee 

Ross 

Mr.  President 

Davis 

Hale 

McCabe 
ABSENT 

of  Polk 

44 

Broadhead 

Dryden 

Hyer 

Mortell 

Switzler 

Carleton 

Eitzen 

Massey 

Priest 

Crews 

Holliday 

McKee 

Rider 

13 

ABSENT  WITH   LEAVE 


Hardin  Johnston  Pulitzer 

of  Nodaway 


Ross  Shields 

of  Morgan    Spaunhorst 
Taylor 

of  Jasper     7 


Mr.  Adams  offered  the  following  amendment  to  Section 
eleven : 

Amend  Section  eleven  by  adding  after  the  word  "thereof"  in  the 
fifty-fifth  line  the  following:  "for  limitations  of  civil  actions.'! 

which  was  read  and  adopted. 


494 


JOURNAL  OF  THE  MISSOURI 


Mr.  Black  offered  the  following  amendment  to  Section 
eleven: 

Amend  by  inserting  after  line  fifty-three  the  following  words: 
"summoning  and  impaneling  grand  or  petit  jurors." 

371]  which  was  read  and  adopted. 

Mr.  Gantt  offered  the  following  amendment  to  Section 
eleven: 

Amend  by  striking  out,  "determination  thereof,"  after  "legislative" 
in  line  fifty-eight  and  insert  in  lieu  thereof,  "assertion  on  that  subject." 

which  was  read  and  adopted. 

Mr.  Edwards  of  Iron  offered  the  following  amendment 
to  Section  eleven: 

Amend  Section  eleven  in  line  sixty-one  by  inserting  between  the 
word  "law"  and  the  word  "but"  the  following:  "or  enact  a  general  law 
which  by  its  provisions  is  to  be  in  force  and  effect  only  in  such  counties 
as  first  by  a  vote  of  a  majority  of  the  qualified  voters  therein  at  an  elec- 
tion held  for  that  purpose  may  vote  to  adopt  the  same." 

which  was  read  and  adopted. 

Mr.  Bradfield  moved  to  reconsider  the  vote  by  which 
the  amendment  offered  by  Mr.  Edwards  of  Iron  was  adopted, 
which  was  agreed  to. 

Mr.  Edwards  of  Iron,  by  unanimous  consent  of  the 
Convention,  then  withdrew  his  amendment  and  offered  the 
following    amendment    to     Section    eleven: 

Amend  Section  eleven  in  line  sixty-one  by  inserting  between  the 
word  "law"  and  the  word  "but"  the  following:  "or  enact  a  general  law 
which  by  its  provisions  is  to  be  in  force  and  effect  only  in  such  counties 
as  first  by  a  vote  of  the  people  at  an  election  held  for  that  purpose  may 
vote  to  adopt  the  same." 

which  was  read. 

The  ayes   and   noes   being   demanded   by  five   members, 
the  amendment  was  rejected  by  the  following  vote: 


AYES 


Adams 

Edwards 

Johnson 

Massey 

Rippey 

Boone 

of  Iron 

of  Cole 

Maxey 

Roberts 

Carleton 

Eitzen 

Lay 

Nickerson 

Wagner 

Crockett 

Halliburton 

Letcher 

Norton 

Watkins 

Mabrey 

Priest 
Ray 

Mr.  President 
22 

CONSTITUTIONAL  CONVENTION,   1875       495 


NOES 


Allen 

Davis 

Gottschalk 

MeCabe 

Shackelford 

Alexander 

Dryden 

Hale 

McKillop 

Switzler 

Black 

Dysart 

Hammond 

Mudd 

Taylor 

Bradfield 

Edwards 

HoUiday 

Pipkin 

of  St.  Louis 

Chrisman 

of  St.  Louis 

Hyer 

Rider 

Todd 

Conway 

Fyan 

Lackland 

Ross 

Wallace 

Cottey 

Gantt 

McAfee 
ABSENT 

of  Polk 

31 

372] 

Brockmeyer 

Farris 

Mortell 

Shanklin 

Broadhead 

Crews 

McKee 

Rucker 

8 

ABSENT  WITH   LEAVE 

Hardin  Pulitzer  Shields  Taylor 

Johnston  Ross  Spaunhorst  of  Jasper 

of  Nodaway       of  Morgan  7 

Mr.  McAfee  offered  the  following  amendment  to  Sec- 
tion eleven: 

Amend  Section  eleven  by  striking  out  lines  sixty  and  sixty-one. 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  Section  eleven 
as  amended,  it  was  adopted. 

Section  twelve  was  read. 

Mr.  Shanklin  offered  the  following  amendment  to  Sec- 
tion twelve: 

Amend  Section  twelve  by  striking  out  the  following  words  in  first 
and  second  lines :  "other  than  those  provided  for  in  the  preceding  section." 

which  was  read  and  adopted. 

Mr.  Shanklin  offered  the  following  amendment  to  Sec- 
tion twelve: 

Amend  by  striking  out  the  word  "bill"  in  the  first  line  and  insert 
the  word  "law"  in  lieu  thereof. 

which  was  read  and  adopted. 

Mr.  Gottschalk  offered  the  following  amendment  to 
Section  twelve: 

Amend  by  striking  out  the  words  "shall  be"  in  line  four  and  insert- 
ing in  lieu  thereof  the  following:  "shall  state  the  substance  of  the  con- 
templated law,  and  shall  be  published." 

which  was  read  and  adopted. 


496 


JOURNAL  OF  THE  MISSOURI 


Mr.  Gantt  offered  the  following  amendment  to  section 

twelve. 

Amend  by  adding  the  following  words:  "and  the  notice  shall  be  re- 
cited in  the  act  according  to  its  tenor." 

which  was  read  and  adopted. 

Mr.  Todd  offered  the  following  amendment  to  section 
twelve: 

Amend  by  striking  out  the  words  "of  such  bill"  in  line  five  and  in- 
serting the  words,  "of  the  bill  for  such  law,"  in  lieu  thereof. 

which  was  read  and  rejected. 

The  question  recurring  on  the  adoption  of  Section  twelve 
as  amended,  it  was  adopted. 
373]         Section  thirteen  was  read. 

Mr.  McCabe  offered  the  following  amendment  to  Sec- 
tion thirteen: 

Amend  Section  thirteen  by  adding  thereto  the  words  "or  recommen- 
ded by  special  message  to  its  consideration  by  the  Governor  after  it  shall 
have  been  convened." 

which  was  read  and  adopted. 

Section  thirteen  as  amended  was  then  adopted. 

Section  fourteen  was  read. 

Mr.  Roberts  offered  the  following  amendment  to  Sec- 
tion fourteen: 

Amend  by  striking  out  all  of  Section  fourteen. 

which  was  read. 

The  ayes  and   noes  being  demanded  by  five  members, 
the  amendment  was  rejected  by  the  following  vote: 

AYES 


Davis 

Edwards 

Letcher 

Pipkin 

Wallace 

of  Iron 

Mudd 

NOES 

Rider 

Adams 

Brockmeyer 

Dryden 

Fyan 

Holliday 

Allen 

Carleton 

Dysart 

Gantt 

Hyer 

Alexander 

Chrisman 

Edwards 

Gottschalk 

Johnson 

Black 

Conway 

of  St.  Louis 

Hale 

of  Cole 

Boone 

Cottey 

Eitzen 

Halliburton 

Lackland 

Bradfield 

Crockett 

Farris 

Hammond 

Lay 

CONSTITUTIONAL  CONVENTION,   1875       497 


Mabrey 

McKiUop 

Ross 

Shanklin           Wagner 

Massey 

Nickerson 

of  Polk 

Switzler             Watkins 

Maxey 

Norton 

Ruoker 

Taylor               Mr.  President 

McAfee 

Rippey 

Shackelford 

of  St.  Louis                        47 

McCabe 

Roberts 

ABSENT 

Broadhead 

McKee 

Priest 

Todd 

Crews 

Mortell 

Ray 

7 

ABSENT  WITH  LEAVE 

Hardin  Johnston  Pulitzer  Ross 

of  Nodaway  of  Morgan 


Shields 

Spaunhorst 

Taylor 

of  Jasper     7 


Section  fourteen  as  amended  was  then  adopted. 
Mr.  Massey  oiYered  the  following  resolution: 

Resolved,  That  hereafter  the  Committee  on  Accounts  be  instructed 
not  to  allow  the  per  diem  pay  to  any  member  of  this  Convention  for  the 
time  he  may  be  absent  for  as  much  as  one  entire  day  and  any  number  of 
days  even  though  he  may  be  absent  by  leave  of  this  body,  except  when 
such  absence  may  be  caused  by  sickness. 

which  was  read. 

Mr.  Maxey  moved  to  lay  the  resolution  on  the  table. 

The  ayes  and  noes  being  demanded  by  five  members, 
374]  the  motion  to  lay  on  the  table  was  agreed  to  by  the 
following  vote: 

AYES 


Allen 

Edwards 

Hale 

McAfee 

Rider 

Black 

of  Iron 

Halliburton 

McCabe 

Rippey 

Brockmeyer 

Edwards 

Hammond 

McKee 

Roberts 

Carleton 

of  St.  Louis  Holliday 

McKillop 

Rucker 

Chrisman 

Eitzen 

Lackland 

Mudd 

Shackelford 

Conway 

Farris 

Letcher 

Nickerson 

Shanklin 

Dryden 

Fyan 

Mabrey 

Pipkin 

Taylor 

Gottschalk 

Maxey 
NOES 

Priest 

of  St.  Louis 
Watkins       37 

Adams 

Crockett 

Johnson 

Ross 

Wallace 

Alexander 

Davis 

of  Cole 

of  Polk 

Mr.  President 

Boone 

Dysart 

Lay 

Switzler 

20 

Bradfield 

Gantt 

Massey 

Todd 

Cottey 

Hyer 

Norton 

Wagner 

498  JOURNAL  OF  THE  MISSOURI 

ABSENT 
Broadhead        Crews  Mortell  Ray  4 

ABSENT  WITH   LEAVE 

Hardin  Johnston  Pulitzer  Ross  Shields 

of  Nodaway  of  Morgan    Spaunhorst 

Taylor 

of  Jasper     7 

Mr.  Adams  offered  the  following  to  be  added  to  the 

Constitution  as  a  separate  article  to  be  called  Article 

of  the  Distribution  of  Powers: 

The  powers  of  government  shall  be  divided  into  three  distinct  de- 
partments, the  legislative,  executive  and  judicial — each  of  which  shall 
be  confided  to  a  separate  magistracy,  and  no  person  or  collection  of  per- 
sons, charged  with  the  exercise  of  powers  properly  belonging  to  one  of 
those  departments,  shall  exercise  any  power  properly  belonging  to  either 
of  the  others,  except  in  the  instances  in  this  Constitution  expressly 
directed  or  permitted. 

which  was  read. 

On  motion  of  Mr.  Brockmeyer  the  further  consideration 
of  the  report  of  the  Committee  on  Legislative  Department 
was  postponed  until  tomorrow,  10  o'clock  a.  m. 

On  motion  of  Mr.  McCabe  the  additional  article  of  the 
Distribution  of  Powers,  was  taken  up. 

The  question  recurring  on  the  adoption  of  the  article, 
it  was  adopted. 

On  motion  of  Mr.  McAfee  the  article  was  referred  to 
375]  the  Committee  on  Revision,  with  instructions  to  care- 
fully revise  and  correct  the  same  and  report  it  back  to  the 
Convention  at  an  early  day,  printed  and  correctly  engrossed 
for  final  adoption. 

Leave  of  absence  was  granted  Mr.  Brockmeyer  on  ac- 
count of  sickness. 

On  motion  of  Mr.  Priest  the  report  of  the  Committee  on 
Boundaries  and  Political  Subdivisions  of  the  State  was 
taken  up. 

Section  one  of  the  Article  on  Boundaries  was  read. 

On  motion  of  Mr.  Halliburton  the  Convention  ad- 
journed until  tomorrow  at  8  o'clock  a.  m. 


CONSTITUTIONAL  CONVENTION,   1875       499 


THURSDAY,  JULY  1,  1875 
MORNING  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  journal  of  yesterday  was  read  and  approved. 

The  Convention  resumed  the  consideration  of  Article 

■ — of  the  report  of  the  Committee  on  Boundaries  and 

Political  Subdivisions  of  the  State,  pending  at  adjournment 
on  yesterday. 

Mr.  Lackland  offered  the  following  amendment  to  Ar- 
ticle  on  Boundaries: 

Amend  by  striking  out  the  words,  "now  established,"  in  the  first  line 
and  inserting  in  lieu  thereof  the  words,  "heretofore  established  by  law." 

which  was  read  and  on  motion  laid  over  informally  with  the 
Article — . 

Article of  Counties,  Cities  and  Towns  of  the  said 

report  was  taken  up. 

Section  one  was  read  and  adopted. 

Section  two  was  read. 

Mr.  Rippey  offered  the  following  amendment  to  Section 
two: 

Amend  Section  two  by  striking  out  all  after  the  word  "years"  in 
the  fifth  line. 

which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  was  agreed  to  by  the  following  vote: 

AYES 


376]  Adams 

Allen 

Alexander 

Dysart 
Eitzen 
Farris 

Hyer 

Lay 

Letcher 

Norton 
Pipkin 
Priest 

Wagner 
Wallace 
Mr.  President 

Carleton 

Chrisman 

Crockett 

Hale 

Halliburton 

Hammond 

Massey 

Maxey 

McCabe 

Rippey 

Shackelford 

Shanklin 

27 

500 


JOURNAL  OF  THE  MISSOURI 


NOES 


Black 

Edwards 

Johnson 

Mudd 

Switzler 

Boone 

of  St.  Louis 

of  Cole 

Nickerson 

Taylor 

Bradfield 

Fyan 

Lackland 

Ray 

of  St.  Louis 

Conway 

Gantt 

Mabrey 

Rider 

Todd 

Cottey 

Gottsehalk 

McKee 

Ross 

Watkins 

Dryden 

HoUiday 

Mortell 
ABSENT 

of  Polk 

25 

Broadhead 

Crews 

Edwards 

McKillop 

Brockmeyer 

Davis 

of  Iron 

Ruoker 

7 

ABSENT  WITH  : 

LEAVE 

Hardin 

McAfee 

Roberts 

Shields 

Taylor 

Johnston 

Pulitzer 

Ross 

Spaunhorst 

of  Jasper 

of  Nodaway 

of  Morgan 

9 

On  motion  of  Mr.  Boone  leave  of  absence  was  granted 
Mr.  Roberts. 

The  hour  of  10  o'clock  having  arrived,  the  President 
announced  the  special  order,  being  the  consideration  of 
Sections  two,  three,  four,  five,  six  and  seven  of  the  report 
of  the  Committee  on  Legislative  Department. 

Mr.  Shanklin,  by  unanimous  consent  of  the  Convention, 
offered  the  following  resolution: 

Resolved,  That  the  President  appoint  a  committee  consisting  of 
five  members  whose  duty  it  shall  be  to  take  into  consideration  and  report 
a  schedule  providing  for  carrying  the  Constitution  into  effect. 

which  was  read  and  adopted. 

On  motion,  the  special  order  was  laid  over  informally 
and  the  consideration  of  the  report  of  the  Committee'  on 
Boundaries  and  Political  Subdivisions  of  the  State  was  re- 
sumed. 

Section  two  was  read. 

Mr.  Holliday  offered  the  following  amendment: 

Amend  Section  two  by  striking  out  "two-thirds"  and  insert  !'three- 
fifths"  where  the  same  occurs  in  the  third  line. 

which  was  read. 

Mr.  Ross  of  Polk  offered  the  following  amendment  to 
the  amendment: 


CONSTITUTIONAL  CONVENTION,   1875       501 


Amend  the  amendment  by  striking  out  "three-fifths"  and  inserting 
the  words  "a  majority"  in  lieu  thereof. 

which  .was  read. 

377]  The  question  being  upon  the  adoption  of  the  amend- 
ment to  the  amendment,  and  the  ayes  and  noes  being  de- 
manded by  five  members,  the  amendment  to  the  amend- 
ment was  rejected  by  the  following  vote: 

AYES 


Bradfield 

Fyan 

McKee 

Ross 

Mr.  President 

Edwards 

Lackland 

Mudd 

of  Polk 

of  St.  Louis 

Maxey 

Rider 

NOES 

Watkins 

11 

Adams 

Davis 

Halliburton 

McCabe 

Shanklin 

Allen 

Dryden 

Hammond 

McKillop 

Switzler 

Alexander 

Dysart 

HoUiday 

Mortell 

Taylor 

Black 

Edwards 

Hyer 

Nickerson 

of  St.  Louis 

Boone 

of  Iron 

Johnson 

Norton 

Todd 

Carleton 

Eitzen 

of  Cole 

Pipkin 

"Wagner 

Chrisman 

Farris 

Lay 

Priest 

Wallace 

Conway 

Gantt 

Letcher 

Ray 

Cottey 

Gottsehalk 

Mabrey 

Rippey 

Crockett 

Hale 

Massey 
ABSENT 

Shackelford 

44 

Broadhead 

Brookmeyer 

Crews 

Rucker 

4 

ABSENT  WITH 

LEAVE 

Hardin 

McKee 

Roberts 

Shields 

Taylor 

Johnston 

Pulitzer 

Ross 

Spaunhorst 

of  Jasper 

of  Nodaway 

of  Morgan 

9 

On  motion  of  Mr.  Fyan  leave  of  absence  was  granted 
Mr.  McAfee. 

The  question  recurring  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Holliday,  and  the  ayes  and  noes  being 
demanded  by  five  members,  the  amendment  was  rejected 
by  the  following  vote: 

AYES 


Bradfield 

Edwards 

Holliday 

McKee 

Todd 

Dryden 

of  St.  Louis 

Hyer 

Mudd 

Watkins 

Edwards 

Fyan 

Lackland 

Rider 

Mr.  President 

of  Iron 

Gantt 

Mabrey 
Maxey 

Ross 
of  Polk 

18 

502 


JOURNAL  OF  THE  MISSOURI 


NOES 


Adams 

Cottey 

Halliburton 

McKillop 

Shackelford 

Alien 

Crockett 

Hammond 

Mortell 

Shanklin 

Alexander 

Davis 

Johnson 

Nickerson 

Switzler 

Black 

Dysart 

of  Cole 

Norton 

Taylor 

Boone 

Eitzen 

Lay 

Pipkin 

of  St.  Louis 

Carleton 

Farris 

Letcher 

Priest 

Wagner 

Chrisman 

Gottschalk 

Massey 

Ray 

Wallace 

Conway 

Hale 

McCabe 
ABSENT 

Rippey 

37 

Broadhead 

Broekmeyer 

Crews 

Rueker 

4 

ABSENT  WITH 

LEAVE 

Hardin 

McAfee 

Roberts 

Shields 

Taylor 

Johnston 

Pulitzer 

Ross 

Spaunhorst 

of  Jasper 

of  Nodaway 

of  Morgan 

9 

Mr.  Chrisman  offered  the  following  amendment  to  Sec- 
tion two: 

378]  Amend  by  striking  out  the  word  "five"  in  line  five  and  insert 

in  lieu  thereof  the  word  "ten." 

which  was  read  and  rejected. 

Mr.  Holliday  offered  the  following  amendment: 

Amend  Section  two  by  striking  out  the  following  words  in  lines  four 
and  five:  "And  no  such  proposition  shall  be  oftener  submitted  than 
once  in  five  years." 

which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  was  rejected  by  the  following  vote: 

AYES 


Alexander 

Dryden 

Gottschalk 

Lay 

Rider 

Black 

Edwards 

Holliday 

Letcher 

Rippey 

Bradfield 

of  Iron 

Hyer 

Mabrey 

Ross 

Broekmeyer 

Edwards 

Johnson 

Maxey 

of  Polk 

Caileton 

of  St.  Louis 

of  Cole 

McKee 

Switzler 

Conway 

Gantt 

Lackland 
NOES 

Mudd 

Watkins        26 

Adams 

Chrisman 

Davis 

Farris 

Halliburton 

Allen 

Cottey 

Dysart 

Fyan 

Hammond 

Boone 

Crockett 

Eitzen 

Hale 

Massey 

CONSTITUTIONAL  CONVENTION,   1875       503 


McCabe 
McKillop 
Mortell 
Nickerson 

Norton 
Pipkin 
Priest 

Ray                   Taylor               Wagner 
Shackelford          of  St.  Louis  Wallace 
Shanklin           Todd                 Mr.  Preside 

ABSENT 

Broadhead 

Crews 

Rucker 
ABSENT  WITH  LEAVE 

Hardin 
Johnston 
of  Ncdaway 

McAfee 
Pulitzer 

Roberts             Shields               Taylor 
Ross                  Spaunhorst           of  Jasper 
of  Morgan 

30 


9 


On  motion  of  Mr.  McKillop  leave  of  absence  was 
granted  Mr.  Johnson  of  Cole. 

Mr.  Fyan  offered  the  following  amendment  to  Section 
two: 

Amend  by  adding  after  the  word  "county"  where  it  first  appears 
in  the  second  line,  "and  all  additions  to  a  town,  that  is  the  county  seat 
shall  be  included,  considered  and  regarded  as  the  county  seat." 

which  was  read  and  agreed  to. 

Mr.  Mudd  offered  the  following  amendment: 

Amend  by  striking  out  all  of  Section  two. 

which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  was  rejected  by  the  following  vote: 


379] 

AYES 

Edwards 

Fyan 

Mudd 

Ross 

Watkins 

of  St.  Louis 

Gottschalk 

NOES 

of  Polk 

Mr.  President 

7 

Adams 

Cottey 

Hale 

Maxey 

Rider 

Allen 

Crockett 

Halliburton 

McCabe 

Rippey 

Alexander 

Davis 

Hammond 

McKee 

Shackelford 

Black 

Dryden 

Holliday 

McKillop 

Shanklin 

Boone 

Dysart 

Hyer 

Mortell 

Switzler 

Bradfield 

Edwards 

Lackland 

Nickerson 

Taylor 

Brockmeyer 

of  Iron 

Lay 

Norton 

of  St.  Louis 

Carleton 

Eitzen 

Letcher 

Pipkin 

Todd 

Chrisman 

Farris 

Mabrey 

Priest 

Wagner 

Conway 

Gantt 

Massey 

Ray 

Wallace        48 

504  JOURNAL  OF  THE  MISSOURI 

ABSENT 
Broadhead       Crews  Rucker  3 

ABSENT  WITH  LEAVE 

Hardin  Johnston  Pulitzer  Ross  Spaunhorst 

Johnson  of  Nodaway   Roberts  of  Morgan    Taylor 

of  Cole  McAfee  Shields  of  Jasper  10 

Mr.  Watkins  offered  the  following  amendment: 

Strike  out  in  the  fourth  line  the  words,  "at  a  general  election." 

which  was  read  and  rejected. 

Section  two  as  amended  was  then  adopted. 

Section  three  was  read. 

Mr.  Hammond  offered  the  following  amendment  to 
Section  three: 

Amend  Section  three  by  striking  out  "five  hundred"  in  the  second 
line  and  insert  "four  hundred"  in  lieu  thereoL 

which  was  read. 

Mr.  Rucker  offered  the  following  substitute  for  Section 
three: 

No  new  county  shall  be  established  with  a  territory  of  less  than  four 
hundred  square  miles  or  with  a  population  of  less  than  one  ratio  of  repre- 
sentation existing  at  the  time,  nor  shall  any  county  now  established  be 
reduced  to  less  than  that  area,  or  to  less  than  that  number  of  inhabitants, 
nor  shall  any  new  county  be  formed  unless  two-thirds  of  the  qualified 
voters  within  the  district  composing  the  limits  of  such  proposed  new 
county,  voting  at  an  election  held  for  that  purpose,  shall  vote  therefor. 
Nor  shall  any  new  county  be  established,  any  line  of  which  shall  run 
within  ten  miles  of  the  then  existing  county  seat  of  any  county.  In  all 
cases  of  the  establishment  of  any  new  county,  the  new  county  shall 
380]  be  held  for  and  obliged  to  pay  its  ratable  proportion  of  all  the 
liabilities  then  existing  of  the  county  or  counties  from  which  said  new 
county  shall  be  formed. 

which  was  read. 

Mr.  Ross  of  Polk  offered  the  following  amendment  to 
the  substitute  offered  by  Mr.  Rucker: 

Amend  the  substitute  by  striking  out  all  after  the  word  "unless" 
in  the  fifth  line  to  and  including  the  word  "county"  in  the  sixth  line 
and  inserting  in  lieu  thereof  the  following:  "a  majority  of  the  qualified 
voters  of  the  counties  thus  affected." 

which  was  read. 


CONSTITUTIONAL  CONVENTION,  1875       505 


The  question  recurring  on  the  adoption  of  the  amend- 
ment offered  by  Mr.  Hammond,  it  was  rejected. 

Mr.  Edwards  of  Iron  offered  the  following  amendment 
to  Section  three: 

Amend  Section  three  by  striking  out  all  after  the  word  "miles"  to 
and  including  the  word  "time"  in  the  third  line  and  by  striking  out  all 
after  the  word  "area"  in  the  fourth  line. 

which  was  read  and  rejected. 

Mr.  Maxey  offered  the  following  amendment  to  Section 
three: 

Amend  Section  three  by  striking  out  in  the  second  and  third  lines, 
"the  ratio  of  representation  existing  at  the  time,"  and  insert,  "five  thou- 
sand inhabitants."  Strike  out  "such  ratio"  in  the  fourth  line  and  insert 
"five  thousand  inhabitants." 

which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  was  rejected  by  the  following  vote: 

AYES 


Broekmeyer 

Edwards 

HoUiday 

Maxey 

Watkins 

Conway 

of  Iron 

Hyer 

Ross 

Mr.  President 

Fyan 

Mabrey 
NOES 

of  Polk 

11 

Adams 

Davis 

Hammond 

Niekerson 

Shanklin 

Allen 

Dryden 

Lackland 

Norton 

Switzler 

Alexander 

Dysart 

Lay 

Pipkin 

Taylor 

Black 

Eitzen 

Letcher 

Priest 

of  St.  Louis 

Boone 

Farris 

Massey 

Ray 

Todd 

Bradfield 

Gantt 

McCabe 

Rider 

Wagner 

Chrisman 

Gottschalk 

McKillop 

Rippey 

Wallace 

Cottey 

Hale 

Mortell 

Shackelford 

Crockett 

Halliburton 

Mudd 
ABSENT 

41 

381] 

Broadhead 

Crews 

Edwards 

McKee 

Carleton 

of  St.  Louis 

Rucker            6 

ABSENT  WITH 

LEAVE 

Hardin 

Johnston 

Pulitzer 

Ross 

Spaunhorst 

Johnson 

of  Nodaway 

Roberts 

of  Morgan 

Taylor 

of  Cole 

McAfee 

Shields 

of  Jasper  10 

506 


JOURNAL  OF  THE  MISSOURI 


Mr.  Fyan  offered  the  following  amendment  to  Section 
three: 

Amend  Section  three  by  striking  out  the  words  commencing  with  the 
word  "or"  in  the  second  line  to  and  including  the  word  "time"  in  third 
line,  and  by  striking  out  the  words,  "such  ratio"  in  fourth  line.  Then 
add  to  the  section  these  words,  "required  for  a  ratio  of  representation 
existing  at  the  time;  but  when  a  new  county  is  formed  having  a  popula- 
tion less  than  a  ratio  of  representation,  it  should  be  attached  for  repre- 
sentative purposes  to  the  county  from  which  the  greatest  amount  of 
territory  was  taken  until  such  ratio  shall  be  obtained." 

which  was  read. 

On  motion  of  Mr.   Boone  the   Convention  adjourned 
until  2  o'clock  p.  m. 


AFTERNOON  SESSION 

The  Convention  met  pursuant  to  adjournment,  the 
President  in  the  chair. 

The  Convention  resumed  the  consideration  of  the 
amendment  offered  by  Mr,  Fyan  to  Section  three  of  the  re- 
port of  the  Committee  on  Boundaries  and  Political  Subdi- 
visions of  the  State,  pending  at  adjournment,  which  was  read. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  offered  by  Mr.  Fyan  to  Section  three  was 
agreed  to  by  the  following  vote: 


AYES 


Adams 

Conway 

Hammond 

Mabrey 

Ross 

Allen 

Edwards 

HoUiday 

.   Maxey 

of  Polk 

Black 

of  Iron 

Hyer 

McCabe 

Shanklin 

Bradfield 

Fyan 

Johnson 

Nickerson 

Switzler 

Carleton 

Hale 

of  Cole 

Priest 

Watkins        27 

Chris  man 

Halliburton 

Lackland 
NOES 

Mr.  President 

Alexander 

Dryden 

Lay 

Norton 

Shackelford 

Boone 

Dysart 

Letcher 

Pipkin 

Todd 

Cottey 

Farris 

Massey 

Ray 

Wagner 

Crockett 

Gantt 

McKillop 

Rippey 

Wallace         20 

CONSTITUTIONAL  CONVENTION,   1875       507 


382] 


ABSENT 


Broadhead        Davis  Eitzen  Mudd 

Brockmeyer     Edwards  Gottsehalk        Rider 

Crews  of  St.  Louis  Mortell  Rucker 


Taylor 

of  St.  Louis 
12 


ABSENT  WITH   LEAVE 


Hardin  McAfee 

Johnston  Pulitzer 

of  Nodaway 


Roberts 
Ross 

of  Morgan 


Shields 
Spaunhorst 


Taylor 
of  Jasper 


9 


Mr.  Shanklin  offered  the  following  amendment  to  Sec- 
tion three: 

Amend  by  striking  out  all  after  the  word  "county"  in  the  first  line 
and  insert  the  following:  "with  a  territory  of  less  than  four  hundred 
square  miles  (or  with  a  population  less  than  the  ratio  of  representation 
existing  at  the  time)  nor  shall  any  county  as  now  established  be  reduced 
to  less  than  that  area,  or  to  less  than  that  number  of  inhabitants,  nor 
shall  any  new  county  be  formed  unless  two-thirds  of  the  qualified  voters 
in  each  county  within  the  district  composing  the  limits  of  such  proposed 
new  county,  voting  at  an  election  held  for  that  purpose,  shall  vote  there- 
for; nor  shall  any  county  be  established,  any  line  of  which  shall  run 
within  ten  miles  of  the  then  existing  county  seat  of  any  county.  In 
all  cases  of  the  establishment  of  any  new  county,  the  new  county  shall 
be  held  for  and  obliged  to  pay  its  ratable  proportions  of  all  the  liabilities 
then  existing  of  the  county  or  counties  from  which  said  new  county  shall 
be  formed." 

which  was  read. 

Mr.  Alexander  offered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Shanklin: 

Amend  the  amendment  by  striking  out  the  word  "four"  in  the  first 
line  and  insert  "five"  in  lieu  thereof. 

which  was  read. 

Mr.  Ross  of  Polk  in  the  chair. 

The  ayes  and  noes  being  demanded  by  five  members, 
the  amendment  offered  by  Mr.  Alexander  to  the  amendment 
offered  by  Mr.  Shanklin  was  agreed  to  by  the  following  vote: 

AYES 


Adams 

Crockett 

Gantt 

Letcher 

Priest 

Allen 

Davis 

Holliday 

Massey 

Ray 

Alexander 

Edwards 

Johnson 

McCabe 

Shackelford 

Black 

of  Iron 

of  Cole 

McKillop 

Wagner 

Bradfield 

Eitzen 

Lackland 

Niokerson 

Wallace 

Chrisman 

Farris 

Lay 

Norton 

Mr.  President 

28 

508 


JOURNAL  OF  THE  MISSOURI 


NOES 


383] Boone 

Dysart 

Hammond 

Pipkin 

Taylor 

Brockmeyer 

Edwards 

Hyer 

Rippey 

of  St.  Louis 

Carleton 

of  St.  Louis 

Mabrey 

Ross 

Todd 

Conway 

Fyan 

Maxey 

of  Polk 

Watkins        25 

Cottey 

Hale 

McKee 

Rucker 

Dryden 

Halliburton 

Mudd 
ABSENT 

Shanklin 

Broadhead 

Gottschalk 

Rider 

Switzler 

Crews 

Mortell 

6 

ABSENT  WITH 

LEAVE 

Hardin 

McAfee 

Roberts 

Shields 

Taylor 

Johnston 

Pulitzer 

Ross 

Spaunhorst 

of  Jasper 

of  Nodaway 

of  Morgan 

9 

The  President  in  the  chair. 

Mr.  Ross  of  Polk,  by  unanimous  consent  of  the  Con- 
vention, withdrew  his  amendment  to  Section  three. 

Mr.  Rippey  offered  the  following  amendment  to  the 
amendment  as  amended: 

Amend  the  amendment  by  striking  out  all  after  the  word  "there- 
for" in  the  sixth  line  down  to  and  including  the  word  "county!!  where  it 
occurs  a  second  time  in  the  eighth  line. 

which  was  read. 

Mr.  Rucker,  by  unanimous  consent  of  the  Convention, 
withdrew  his  substitute  for  Section  three. 

The  question  recurring  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Rippey  to  the  amendment  as  amended, 
it  was  rejected. 

Mr.  Alexander  offered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Shanklin  as  amended: 

Amend  the  amendment  by  inserting  after  the  word  "voters"  in  the 
fifth  line  the  following,  "in  each  county." 

which  was  read. 

Mr.  Shackelford  offered  the  following  substitute  for 
Section  three  as  amended: 

The  General  Assembly  shall  have  no  power  to  establish  any  new 
county  with  a  territory  of  less  than  four  hundred  and  ten  square  miles; 
nor  to  reduce  any  county  now  established  to  less  area  or    to    a    less 


CONSTITUTIONAL  CONVENTION,   1875       509 

population  than  required  for  a  ratio  existing  at  the  time;  but  when  a 
new  county  is  formed  having  a  population  less  than  a  ratio  of  repre- 
sentation, it  shall  be  attached  for  representative  purposes  to  the  county 
from  which  the  greatest  amount  of  territory  is  taken  until  such  ratio 
shall  be  obtained.  Provided,  that  no  county  shall  be  divided  or  have 
384]  any  part  stricken  therefrom  without  submitting  the  question  to  a 
vote  of  the  people  of  the  county;  nor  unless  a  majority  of  all  the  qualified 
voters  of  the  county  or  counties  thus  affected,  voting  on  the  question,  shall 
vote  therefor;  nor  shall  any  new  county  be  established,  any  line  of  which 
shall  run  within  ten  miles  of  the  then  existing  county  seat  of  any  county. 
In  all  cases  of  the  establishment  of  any  new  county,  the  new  county  shall 
be  held  for  and  obliged  to  pay  its  ratable  proportion  of  all  the  liabilities 
then  existing  of  the  county  or  counties  from  which  said  new  county  shall 
be  formed. 

which  was  read. 

Mr.  Adams  offered  the  following  amendment  to  the 

substitute: 

Amend  the  substitute  by  striking  out  "four  hundred  and  ten"  and 
insert  "five  hundred." 

which  was  read. 

The  question  recurring  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Alexander  to  the  amendment  offered  by 
Mr.  Shanklin  as  amended,  it  was  agreed  to. 

Mr.  Ross  of  Polk  offered  the  following  amendment  to 
the  amendment  offered  by  Mr.  Shanklin  as  amended: 

Amend  the  amendment  by  striking  out  all  after  the  words  "less  than" 
down  to  and  including  the  words  "new  county"  in  the  sixth  line  and 
insert  in  lieu  thereof  the  following:  "four  hundred  and  fifty  square 
miles,  or  with  a  population  less  than  the  ratio  of  representation  existing 
at  the  time,  nor  shall  any  county  as  now  established  be  reduced  to  less 
than  that  area,  or  to  less  than  that  number  of  inhabitants,  nor  shall  any 
new  county  be  formed  unless  one-third  of  the  qualified  voters  of  each 
of  the  counties  thus  affected,  and  two-thirds  of  the  qualified  voters  in 
each  county  within  the  districts  composing  the  limits  of  such  proposed 
new  county.  '.' 

which  was  read. 

On  motion  of  Mr.  Massey  the  Convention  adjourned 
until  tomorrow  morning  at  8  o'clock  a.  m. 

V 
END  OF  VOLUME  I. 


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